Is gestational surrogacy legal in India?

Yes, it is legal but strictly regulated. Only altruistic surrogacy is allowed, and commercial surrogacy is banned.

How is gestational surrogacy different from traditional surrogacy?

In traditional surrogacy, the surrogate’s own egg is used, so they are the biological mother. In gestational surrogacy, the carrier has no genetic link to the baby.

What is Gestational Surrogacy? Process, Benefits, and Legal Facts

Gestational surrogacy is a wonderful option for people who dream of becoming parents but face challenges in carrying a pregnancy. It’s a type of assisted reproduction where a woman, known as the gestational surrogate, carries and gives birth to a baby for the intended parents. In this process, the surrogate only provides a safe space for the baby to grow and does not have a genetic link to the child. It involves medical, legal, and emotional steps, requiring careful planning and clear agreements between everyone involved.

Understanding Gestational Surrogacy

Gestational surrogacy is a type of assisted reproductive technique where the surrogate has no genetic connection to the baby she carries. It is different from traditional surrogacy, where the surrogate’s own eggs are used, making her the biological mother. In gestational surrogacy, an embryo is created through in vitro fertilisation (IVF) using the eggs and sperm of the intended parents or donors. The fertilised embryo is then implanted into the gestational carrier’s uterus, where she carries the pregnancy to full term. Ideally, the surrogate should be less than 35 years old. The lack of a genetic link simplifies legal and emotional aspects.

If a woman (the surrogate) has previously had a successful pregnancy and delivered a baby at full term, it increases the chances that she will have a successful pregnancy again as a surrogate. This is seen as a positive sign for the commissioning couple.

How Does Gestational Surrogacy Work?

The process of gestational surrogacy involves several carefully planned steps for a smooth journey for both the intended parents and the surrogate. Take a look at the breakdown:

Matching process: Intended parents and a potential surrogate are paired, often through an agency or personal connections. Compatibility and mutual understanding are important during this stage.
Medical procedures: The IVF process begins by giving hormone medication to the intended mother or egg donor to help the ovaries produce mature eggs. The mature eggs are then collected and fertilised in a lab using sperm from the intended father or a donor. The resulting embryo is then transferred to the surrogate’s uterus using a thin catheter. This is a quick procedure lasting about 30 minutes.
Psychological evaluations: The intended parents and the surrogate both go through evaluations to make sure they’re emotionally ready for the journey.
Pregnancy and delivery: After the embryo transfer, the surrogate carries the pregnancy for nine months. Regular medical check-ups monitor her health and the baby’s development. After birth, the baby is placed in the care of the intended parents.

Types of Gestational Surrogacy

Gestational surrogacy is usually divided into two main types, depending on how the arrangement is made with the surrogate:

Altruistic surrogacy: The surrogate carries the baby without receiving financial compensation beyond covering medical expenses. This is often done out of goodwill, such as for a friend or family member.
Commercial surrogacy: The surrogate is paid for her time and effort in addition to medical costs. This type of surrogacy is illegal in India.

Who is Gestational Surrogacy For?

Gestational surrogacy is recommended for individuals or couples who face specific challenges in achieving pregnancy naturally. It’s a lifeline for those who are unable to carry a pregnancy because of health issues or personal reasons. These are some situations where gestational surrogacy is often suggested:

Individuals with uterine issues, such as severe abnormalities or the absence of a uterus due to surgery.
Couples experiencing repeated miscarriages or multiple failed IVF or IUI cycles.
People who have health conditions that could make pregnancy risky.
Individuals with genetic disorders who want to avoid passing them on to their child.

However, not everyone is eligible. Those with certain health conditions or those unable to undergo IVF may need to explore alternatives like adoption.

Benefits of Gestational Surrogacy

Gestational surrogacy offers several advantages. These are some key benefits you should know:

High success rates: Success rates range from 50 to 75 per cent, depending on factors like the age and health of the egg donor.
Biological connection: The baby is often genetically related to one or both intended parents, fulfilling their desire for a biological child.
Emotional fulfilment: It allows intended parents to experience the joy of parenthood even if they can’t carry the pregnancy themselves.
Strong relationships: The process often leads to a meaningful bond between the intended parents and the gestational carrier. It’s a connection based on trust, respect and shared purpose.

Legal Aspects in India

Gestational surrogacy is the only legal form of surrogacy in India, but it comes with strict regulations. Commercial surrogacy for foreign couples is banned, and only Indian citizens can access gestational surrogacy. Additionally, same-sex couples and foreign nationals are not permitted to use surrogates. Legal agreements are critical to clarify expectations and protect everyone involved, including the surrogate’s rights. All legal paperwork and affidavits need to be in place before embarking on the journey of surrogacy. It’s wise to consult a lawyer for the most up-to-date information.

What to Expect During the Process

This is what you can expect at each stage if you’re considering gestational surrogacy:

Before the procedure: You’ll have consultations with fertility specialists and legal advisors. Medical tests, such as blood tests and ultrasounds, and psychological evaluations ensure everyone is prepared. Legal contracts are drafted, and dietary guidelines may be provided.
During the procedure: The IVF process involves egg retrieval, fertilisation, and embryo transfer. The embryo transfer is a quick, outpatient procedure, and anaesthesia is rarely needed. However, sedation may be used in some cases.
After the procedure: The surrogate will have follow-up appointments to monitor the pregnancy. Recovery after embryo transfer typically takes a few weeks, with rest recommended. Emotional support is also important for all parties.

Gestational surrogacy is a meaningful option for those who cannot carry a pregnancy but still wish to have a biological child. It transforms lives by helping people achieve their dream of parenthood. You’ll be able to make clear choices and approach this path with confidence by understanding the process and its benefits. Always seek expert guidance for a smooth and successful experience.
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FAQs on What is Gestational Surrogacy?

Is gestational surrogacy legal in India?
Yes, it is legal but strictly regulated. Only altruistic surrogacy is allowed, and commercial surrogacy is banned.
How is gestational surrogacy different from traditional surrogacy?
In traditional surrogacy, the surrogate’s own egg is used, so they are the biological mother. In gestational surrogacy, the carrier has no genetic link to the baby.