Surrogacy is the practice of a woman consigning her body to carry another person’s baby for a person or couple who can’t conceive due to medical reasons or who are a same-sex couples. A surrogate or gestational carrier is a woman who gives birth to another person or couple’s baby. 

Depending on the embryo formation there are two types of surrogacy:

Traditional surrogacy: In this type of surrogacy, the surrogate mother’s egg is used to form the embryo. Here, both IUI and IVF technique can be used.

Gestational surrogacy: In this type of surrogacy, intended mother’s egg or donor egg is used for the formation of embryo. This is done through IVF technique. IVF has made gestational surrogacy easier to facilitate. 

Depending on the compensation factor there are another two types of surrogacy:

Altruistic surrogacy: In this type of surrogacy no monetary compensation is given to surrogate mother. Only the medical cost and insurance during the pregnancy is given by the intended parent.

Commercial surrogacy: In this type of surrogacy, besides the medical cost and insurance coverage during pregnancy, a good amount of money or other benefit is given to surrogate mother by the intended parent.

Why Surrogacy?

Surrogacy is a great option for many people who are unable to become parents by other infertility treatment. Every year, thousands of couples use this service to help them overcome fertility issues and have a better chance of having a successful baby. There are a variety of reasons why potential parents may choose to use a full service surrogacy agency such as:

• Limited success with IVF/ART: If you have had a hard time getting pregnant through IVF/ART, surrogacy may be the best option for you.
• Medical issues affecting the health of your uterus: There are many medical conditions that can affect your uterus, making it difficult for you to carry a baby to term. Various reasons like abnormal shaped uterus, suffering from a uterine fibroid, septate uterus, scars in uterus etc. make a woman unable to conceive a pregnancy.
• Previous Surgery: If your uterus has removed due to some medical issues, then surrogacy can help you to become mother.
• Highly risked health conditions: Some health conditions like obesity, heart problem, highly diabetic, sexually transmitted disease, some blood disorders etc. make pregnancy very risky for the women health and life threatening. In such cases they can take help from surrogacy.
• Surrogacy is a great option for same-sex couples who want to have their own family. 
• If you have been trying unsuccessfully to conceive for 12 cycles or attempted failed IVF for many times, then you can go for surrogacy.
• If your age is more than 35 and you may be at risk of pregnancy complications. Surrogacy can provide you with the chance to have the baby you have been dreaming of. 

In 2024, commercial surrogacy is prohibited in India, and only altruistic surrogacy is allowed.

Guidelines:

In India, the Surrogacy Act, 2021 has set out the eligibility requirements for intended parents who wish to undertake a surrogate pregnancy. 

• The couple must be legally married and meet certain age requirements. 
• The female partner must be between the ages of 23 and 50, and the male partner should be between 26 and 55. 
• The couple must have no biological children from a prior marriage, 
• The female partner must have a medical condition for the purpose of the surrogate pregnancy. 
• The willing surrogate mother must be married and have at least one adult child. 
• An unmarried woman may be considered an intended parent if she is between 35 and 45 years of age and is either a married, divorced or widowed person. However, she is not eligible if she has children from a past marriage. 
• Surrogacy is not allowed for single males or same sex couples. 

Under the new Indian Surrogacy Act, a couple can choose to have a surrogate baby if they have MRKH, a unicornuate uterus, several IVF failures, miscarriage or abortion.

Eligibility for Surrogate Mothers in India

Being a Surrogate Mother in India is a big decision that comes with a lot of requirements to make sure everything goes smoothly. 

• First, you need to be genuinely interested in having a baby for another couple and not have any financial incentive to do so. 
• Second, you need to meet certain criteria such as being married women between 25 and 35 years old and having at least one child. 
• Third, you need to have a medical and psychological certificate to prove that you are physically and mentally able to carry a baby without any risks to yourself or the baby. 
• Fourth, you need to make sure that each surrogate can only have one attempt at having a baby, and that the intended parents can only try to have a baby three times, and only transfer one embryo during each attempt for maximum safety.

Legal Documents for Surrogacy in India According to Surrogacy (Regulation) Act, 2021

In India – 2021, there are a number of legal requirements that both intended parents and surrogate mothers must comply with in order to pursue the practice of Surrogacy. 

• The intended parent must have to submit proof of marriage and birth certificate, as well as certificates of age and essentiality for surrogacy and medical conditions from the District Board. 
• Surrogates must have a Certificate of Eligibility from the Board as well. 
• Intended parents must compensate surrogate mothers for travel expenses, clothing, medicines, testing, and medical check-ups, but cannot offer any monetary compensation. 
• Surrogates are required to have insurance for a period of three years. The intended parents must also provide a statement or guarantee about the surrogate’s health.