Surrogacy Rules & Laws

If you're considering surrogacy in India, it's essential to understand the current surrogacy rules and regulations. As of 2024, India permits only altruistic surrogacy for eligible couples and single women, governed by the Surrogacy (Regulation) Act, 2021. This blog post provides a comprehensive overview of the legal, medical, and ethical aspects of surrogacy in India, with specific relevance to those seeking fertility options in Chennai.

What Is Surrogacy and How Does It Work in India?

Surrogacy is an assisted reproductive technology (ART) where a woman (the surrogate) carries and delivers a child for another person or couple (the intended parents). In India, the Surrogacy (Regulation) Act, 2021 strictly regulates this process.

Altruistic Surrogacy: This is the only legally permitted form of surrogacy in India. It means the surrogate mother receives no financial compensation beyond medical expenses and insurance coverage. The surrogate is typically a close relative of the intended parents, although exceptions may be made under specific circumstances and with appropriate legal approvals.

The Process:

1. Medical Evaluation: The intended parents undergo thorough medical evaluations to determine their eligibility for surrogacy. This includes assessments of their reproductive health and any underlying medical conditions preventing natural conception.

2. Surrogate Selection and Screening: The surrogate mother is carefully selected, ensuring she meets the criteria outlined in the Surrogacy Act. She undergoes medical and psychological screening to confirm her suitability for pregnancy.

3. Legal Formalities: A surrogacy agreement is drafted and signed by all parties involved, outlining their rights and responsibilities. This agreement must comply with the Surrogacy (Regulation) Act, 2021.

4. IVF Process: In Vitro Fertilization (IVF) is used to create an embryo using the intended parents' (or donor) eggs and sperm. The embryo is then transferred to the surrogate's uterus. In my clinical experience, the success of IVF in surrogacy depends on several factors, including the quality of the eggs and sperm, the health of the surrogate's uterus, and the expertise of the fertility clinic.

5. Pregnancy and Delivery: The surrogate receives prenatal care and support throughout the pregnancy. After delivery, the child is legally recognised as the biological child of the intended parents.

The legal framework in India aims to protect the rights of the surrogate mother, the intended parents, and the child born through surrogacy. It's essential to consult with legal and medical professionals to navigate the complexities of surrogacy in India.

Who Needs Surrogacy?

Surrogacy is typically considered when a woman is unable to carry a pregnancy to term due to various medical conditions. Some common reasons include:

• Absent or Abnormal Uterus: Women born without a uterus (Mayer-Rokitansky-Küster-Hauser syndrome) or with severe uterine abnormalities may require surrogacy.
• Recurrent Pregnancy Loss: Women with a history of multiple miscarriages despite various treatments might consider surrogacy as an alternative. Recurrent pregnancy loss is defined as two or more failed pregnancies.
• Severe Medical Conditions: Conditions like severe heart disease, kidney disease, or uncontrolled diabetes can make pregnancy life-threatening for the woman.
• History of Hysterectomy: Women who have had their uterus removed (hysterectomy) due to medical reasons cannot carry a pregnancy.
• Repeated IVF Failures: Some couples experiencing repeated IVF failures despite good embryo quality may opt for surrogacy.

Recently, the legal landscape has shifted to allow single Indian women (widows or divorcees) between 35 and 45 years of age to pursue surrogacy. This expansion of eligibility acknowledges the evolving family structures in India. Additionally, donor gametes (sperm or egg) can be used if a District Medical Board certifies a genuine medical need, broadening the options for those with gamete-related infertility.

In my practice across Chennai, I've seen many couples who have struggled with infertility for years finally achieve their dream of parenthood through surrogacy. However, it's essential to remember that surrogacy is a complex process with legal, ethical, and medical considerations.

Surrogacy Eligibility Criteria in India

The Surrogacy (Regulation) Act, 2021 sets strict eligibility criteria for both intended parents and surrogate mothers:

Eligibility for Intended Parents:

• Married Couple: Surrogacy is primarily permitted for Indian married couples where at least one partner has a medically certified condition preventing them from having a child naturally.
• Age Criteria: The female partner must be between 23 and 50 years old, while the male partner must be between 26 and 55 years old.
• Marriage Duration: The couple must be married for at least 5 years.
• Medical Indication: A District Medical Board must certify that the couple has a medical condition that necessitates surrogacy.
• Single Women: Single Indian women (widows or divorcees) between 35 and 45 years are also eligible.

Eligibility for Surrogate Mothers:

• Close Relative: The surrogate mother must be a close relative of the intended couple.
• Marital Status: She must be married and have a biological child of her own.
• Age Criteria: The surrogate mother's age must be between 25 and 35 years.
• Single Instance: A woman can be a surrogate mother only once in her lifetime.
• Genetic Relation: The surrogate cannot use her own eggs; the child must be genetically related to the intended parents (or donor).
• Medical and Psychological Fitness: She must be medically and psychologically fit to carry a pregnancy to term.

These stringent criteria aim to protect the rights and well-being of both the surrogate mother and the child born through surrogacy. As a fertility specialist in Chennai, I emphasize the importance of adhering to these guidelines to ensure ethical and legal compliance.

Surrogacy Cost in Chennai

While commercial surrogacy is illegal in India, intended parents must cover the surrogate mother's medical expenses, insurance, and other related costs. The overall surrogacy cost in Chennai can vary depending on several factors:

• IVF Procedures: The cost of IVF, including medications, egg retrieval, and embryo transfer, can range from INR 2,50,000 to INR 4,00,000 per cycle.
• Surrogate Mother's Medical Expenses: This includes prenatal care, delivery charges, and any medical complications that may arise during pregnancy. These costs can range from INR 1,50,000 to INR 3,00,000.
• Insurance Coverage: The intended parents must provide insurance coverage for the surrogate mother for a period that extends 36 months beyond the pregnancy term, covering postpartum complications. The insurance cost can be around INR 50,000 to INR 1,00,000.
• Legal Fees: Drafting and executing the surrogacy agreement requires legal expertise. Legal fees can range from INR 50,000 to INR 1,00,000.
• Other Expenses: These may include travel expenses for the surrogate, accommodation, and other miscellaneous costs.

Here's a cost breakdown for surrogacy in Chennai:

It's important to note that these are estimated costs, and the actual expenses may vary. Transparency in costing is essential, and reputable fertility clinics in Chennai will provide a detailed breakdown of all expenses involved.

Legal Requirements for Surrogacy in India

The Surrogacy (Regulation) Act, 2021 outlines several legal requirements for surrogacy in India:

• Altruistic Surrogacy: Commercial surrogacy is strictly prohibited. Only altruistic surrogacy, where the surrogate receives no financial compensation beyond medical expenses and insurance, is permitted.
• Surrogacy Agreement: A surrogacy agreement must be drafted and signed by all parties involved, outlining their rights and responsibilities. This agreement must comply with the Surrogacy (Regulation) Act, 2021.
• Registration of Clinics: Surrogacy clinics must be registered under the Act. Unregistered clinics or those engaging in commercial surrogacy face penalties, including fines and imprisonment.
• National and State Surrogacy Boards: These boards oversee surrogacy regulations, ensure ethical practices, and protect the rights of surrogate mothers and children.
• Rights of the Surrogate Child: The Act ensures that children born through surrogacy have the same rights as biological children of the intended parents. They are legally recognised as the couple's biological child, ensuring their inheritance and other legal rights.

Navigating these legal requirements can be complex. Seeking legal counsel is essential to ensure compliance with the Surrogacy (Regulation) Act, 2021.

Surrogacy Act India Latest Updates

As of early 2024, key updates to the Surrogacy Act include:

• Gamete Donation: An amendment allows the use of donor gametes (sperm or egg) in altruistic surrogacy if a District Medical Board certifies a genuine medical need.
• Eligibility for Single Women: Single Indian women (widows or divorcees) between 35 and 45 years are now eligible for surrogacy.

These updates reflect the evolving understanding of family structures and the needs of individuals seeking assisted reproductive technologies. Staying informed about the latest updates to the Surrogacy Act is crucial for both intended parents and surrogate mothers.

When to Seek Professional Help

Surrogacy is a complex process with legal, medical, and ethical considerations. It's essential to seek professional help from experienced fertility specialists and legal experts. If you are considering surrogacy in Chennai, book a consultation with Dr. Rukkayal Fathima for personalised guidance.