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What is surrogacy?
Surrogacy has become a significant option for couples and individuals who dream of having children but face challenges with natural conception. Whether due to infertility, medical conditions, or social reasons, surrogacy offers hope and a path to parenthood. But what exactly is surrogacy, how does it work, and what legal and ethical considerations come into play? This blog provides a clear, fact-checked, and educational overview.
Surrogacy is an arrangement where a woman, known as the surrogate mother, agrees to carry and deliver a child on behalf of another person or couple, known as the intended parents. After birth, the child is handed over to the intended parents, who become the legal guardians.
Why Do People Choose Surrogacy?
Surrogacy has become an important option for many families in India who are unable to conceive naturally. With rising infertility rates, delayed marriages, lifestyle factors, and certain medical conditions, surrogacy offers a practical and hopeful solution. It allows intended parents to have a biological connection with their child while following a legally safe and structured process under Indian law.
- Infertility issues: (blocked fallopian tubes, low sperm count, repeated IVF failures).
- Medical conditions: (absence of uterus, recurrent pregnancy loss, health risks).
- Same-sex couples: wishing to have a biological connection with their child.
- Single parents: who want to build a family.
Types of Surrogacy
Surrogacy is not a one-size-fits-all process. Depending on the biological connection and the financial arrangement, surrogacy can be classified into different types. Understanding these distinctions is essential for intended parents before beginning the journey.
1. Based on Genetic Relationship
- Traditional Surrogacy: In traditional surrogacy, the surrogate uses her own egg, making her the biological mother of the child. This method is rare today due to complex legal and emotional implications.
- Gestational Surrogacy: In gestational surrogacy, the surrogate has no genetic link to the child. The embryo is created using IVF (In Vitro Fertilization) with the eggs and sperm of the intended parents or donors. This is the most common and legally accepted form worldwide.
2. Based on Compensation
- Commercial Surrogacy: The surrogate receives financial compensation beyond medical and pregnancy-related expenses. Many countries prohibit this due to concerns of exploitation.
- Altruistic Surrogacy: The surrogate does not receive monetary benefits apart from medical expenses and insurance. This model is legally allowed in countries like India, Canada, and Australia.
The Surrogacy Process: Step by Step
The surrogacy journey in India is carefully structured to protect both the intended parents and the surrogate mother. Each stage involves medical, legal, and emotional considerations that ensure a safe and ethical path to parenthood. From health screenings and legal agreements to IVF procedures, pregnancy care, and final handover, the process is designed to comply with the Surrogacy (Regulation) Act, 2021. Understanding these steps helps intended parents prepare emotionally and financially while ensuring the surrogate receives the care and support she needs throughout the pregnancy.
- Medical and Psychological Screening: Both intended parents and the surrogate undergo health checks to ensure safety and eligibility.
- Legal Agreement: Contracts are signed to define parental rights, medical decisions, and financial arrangements.
- IVF and Embryo Transfer: An embryo is created in a lab and transferred into the surrogate’s uterus
- Pregnancy Care and Monitoring: The surrogate receives regular medical support, along with psychological counseling.
- Delivery and Parental Handover: After birth, the intended parents are legally recognized as guardians of the child.
Surrogacy in India: Legal Framework
India was once a global hub for surrogacy but underwent major reforms due to ethical concerns.
The Surrogacy (Regulation) Act, 2021
- Only altruistic surrogacy is legal. Commercial surrogacy is banned.
- Surrogates must be married women aged 25–35, with at least one biological child.
- A surrogate can only act once in her lifetime.
- Intended couples must be married for at least 5 years and proven medically infertile.
- Insurance coverage for 36 months for the surrogate is mandatory.
- Use of donor eggs/sperm is restricted, except in medical exceptions.
Ethical, Social, and Emotional Considerations of Surrogacy in India
In India, surrogacy is seen as both a blessing and a sensitive issue. While it provides hope to infertile couples, it also raises ethical questions, social stigma, and emotional challenges for the surrogate mother. The Surrogacy (Regulation) Act, 2021 ensures that only altruistic surrogacy is allowed to protect women from exploitation.
- Ethical: Commercial surrogacy is banned in India to prevent exploitation of poor women.
- Social: Surrogate mothers may face stigma or judgment in their communities.
- Emotional:Surrogates often build bonds with the baby, making separation difficult.
- Legal Safeguards: The 2021 law permits only altruistic surrogacy with strict conditions.
- Cultural Views:While some Indian families accept surrogacy, others see it as controversial due to traditional beliefs.
Conclusion:
Surrogacy is a complex yet rewarding journey that offers hope to individuals and couples who cannot conceive naturally. With careful planning, legal protection, and ethical considerations, it can be a positive pathway to parenthood. However, understanding the types, process, costs, and laws is crucial before making a decision.
For intended parents, surrogacy is not just a medical or legal arrangement—it is an emotional commitment and a step toward building a family.
Disclaimer: The content provided is for educational purposes only and should not be considered a substitute for professional medical advice. Please consult your Vrinda Femicare specialist and a certified healthcare professional for personalized guidance.
Frequently Asked Questions (FAQs)
Yes, surrogacy is legal in India but only under altruistic surrogacy. The Surrogacy (Regulation) Act, 2021 bans commercial surrogacy to prevent exploitation and allows only ethical, non-commercial arrangements.
In most Islamic interpretations, surrogacy is considered not permissible (haram). This is mainly due to concerns about lineage, third-party involvement, and moral implications. Instead, adoption or fostering (kafalah) is encouraged.
Traditional Surrogacy: The surrogate’s own egg is used, making her the biological mother.
Gestational Surrogacy: The embryo is created using the intended parents’ or donor’s egg and sperm, so the surrogate has no genetic link to the child.
A surrogate mother is a woman who agrees to carry and deliver a baby for another couple or individual. In India, she must be married, have a child of her own, be between 25–35 years, and can be a surrogate only once in her lifetime.
In traditional surrogacy, the surrogate’s own egg is used.
In gestational surrogacy, the egg comes from the intended mother or a donor, so the surrogate has no genetic relation to the baby.
Intended parents: Must be an Indian married couple, married for at least 5 years, with proven infertility, and within legal age limits (woman: 23–50 years, man: 26–55 years). They should not have a living biological child.
Surrogate mother: Must be a close relative, married, have at least one healthy child, and meet medical and psychological fitness requirements.
No, foreign nationals are not allowed to pursue surrogacy in India. Only Indian citizens, NRIs, and OCIs who meet eligibility conditions can undergo the process.
Violating the law — such as engaging in commercial surrogacy or breaking the eligibility rules — can result in strict penalties, including imprisonment and heavy fines
