Surrogacy in India is carefully regulated under the Surrogacy (Regulation) Act, 2021, to keep it safe and fair for everyone involved. Only altruistic surrogacy is allowed, which means it’s driven by care, not commerce.As you move forward, it helps to know what to expect so you can make informed choices for yourself and your future child.
What is Surrogacy?
Surrogacy is basically when a woman (surrogate) carries a baby for someone who can’t have a child on their own.In India, only altruistic gestational surrogacy is legal. This means the surrogate has no genetic connection to the child. The embryo is created using the eggs and sperm of the intended parents or donors through in vitro fertilisation (IVF).
Who Can Opt for Surrogacy in India?
Before you start the surrogacy journey, it’s important to check if you’re eligible.Here’s who qualifies:
- Married couples: You must be an Indian heterosexual couple, married for at least 5 years. The wife should be aged 23 to 50, and the husband 26 to 55. You’ll also need a medical certificate proving infertility or a condition that makes pregnancy risky or impossible.
- Single women: Widows or divorcees aged 35 to 45 can now opt for surrogacy, but only if they don’t have a surviving child from a previous relationship. This is a progressive update introduced in the 2024 amendment.
- Medical need: If one partner has a medical condition requiring donor eggs or sperm, this is allowed with certification from a District Medical Board.
- No surviving children: Couples with a surviving biological or adopted child are generally not eligible. The only exception is if the existing child has a disability.
- Exclusions: Surrogacy isn’t allowed for foreign nationals, same-sex couples, or single people.
Who Can Be a Surrogate?
The surrogate also has to meet some important requirements:- She must be a married woman, aged 25 to 35, with at least one biological child of her own.
- A woman can only be a surrogate once in her lifetime.
- She must be a close relative of the intended couple.
- She must get medical and psychological clearance to make sure she’s fit for pregnancy.
- She must give informed consent without any pressure.
- The surrogate's own eggs can’t be used. The baby must be genetically related to the intended parents or donors.
Step-by-Step Surrogacy Process
The journey of surrogacy in India usually takes about 12 to 18 months. This is what the process looks like:Step 1: Initial Consultation and Fertility Assessment
Your journey starts with a visit to a fertility clinic, where you’ll meet a specialist to discuss your situation. They’ll do a full medical check-up to confirm if surrogacy is the right option. You’ll also get counselling about the emotional and legal aspects of the process.Step 2: Legal Eligibility and Documentation
India’s surrogacy laws are strict, so the next step is making sure you qualify. You’ll need to provide:- Proof of marriage (at least five years)
- Age and citizenship documents
- A medical certificate confirming infertility or a condition that prevents pregnancy
- A declaration that you haven’t previously used surrogacy or adopted a child
Step 3: Counselling and Consent
Both you and the surrogate will undergo detailed counselling to prepare for the emotional and legal realities of surrogacy.This helps everyone understand their rights, responsibilities, and what to expect. You’ll also sign informed consent forms to make sure everyone is on the same page.
Step 4: Surrogate Selection and Screening
Finding the right surrogate is one of the most important parts. The clinic will match you with a woman who meets the legal and medical rules (often a close relative).She’ll undergo:
- Blood tests, scans, and physical exams to confirm she’s healthy and capable of carrying a pregnancy.
- Psychological evaluation to check if she’s emotionally ready for the journey.
- Background checks are done to confirm she has a safe and supportive environment for the pregnancy.
Step 5: Legal Agreements and Court Approval
Before any medical procedures begin, a legal contract is signed between you, the surrogate, and, in some cases, the assisted reproductive technology (ART) bank.This contract covers:
- Responsibilities and rights of all parties.
- Medical expenses and insurance for the surrogate during pregnancy.
- Custody of the child, making it clear that the baby is legally yours from the moment of birth.
- Each party has their own lawyer to protect its interests. You’ll also need approval from the District Medical Board to proceed.
Step 6: IVF and Embryo Transfer
In IVF, your eggs are collected after you take medicines to stimulate your ovaries. These eggs are then fertilised with your partner’s sperm in a lab to create embryos.Meanwhile, the surrogate takes medications to prepare her uterine lining for implantation.
Once the embryos are ready, the embryologist selects the healthiest one and gently places it into the surrogate’s womb using a thin catheter.
Step 7: Pregnancy Monitoring and Care
The surrogate receives regular care when the embryo transfer is successful and pregnancy is confirmed (through a pregnancy test and ultrasound).This includes:
- Routine check-ups, blood tests, and scans to monitor the baby’s development.
- Nutritional advice and emotional support to keep the surrogate healthy.
Step 8: Delivery and Legal Handover
When it’s time for delivery, you’ll probably be there to witness this amazing moment.After birth:
- The baby is handed over to you immediately.
- The birth certificate is issued in your name, confirming your legal parenthood.
- Any final legal paperwork is completed, like court orders for parental rights.
Legal and Ethical Guidelines for Surrogacy in India
India’s surrogacy laws prioritise ethics and protection for all involved.These are some critical points:
- Altruistic surrogacy only: The surrogate is reimbursed for medical costs, not paid for carrying the baby.
- Legal oversight: A National Surrogacy Board and state boards monitor clinics to ensure ethical practices. All surrogacy must happen at registered facilities.
- Parental rights: The child is legally yours from birth, and abandoning the child is a punishable offence.
Whether you’re trying to conceive or navigating IVF, you’re not alone. Join our supportive communities to connect, share, and find strength with others on the same journey.
FAQs on Step-by-Step Surrogacy Process in Indian Fertility Clinics
- What happens if the surrogate needs a C-section?
The decision is made by the medical team, and costs are covered by the intended parents. - Are surrogates allowed to meet the baby after birth?
No. Surrogates are not permitted to meet or maintain contact with the baby after birth, as the child legally belongs to the intended parents.