Surrogacy in India

Surrogate in IVF (invitro fertilisation)

Who is a Surrogate in IVF (invitro fertilisation)?  


A surrogate is a woman who carries another couple's baby to term, and once delivered, gives it to the parenting couple. Most women volunteer to be surrogates for altruistic reasons and many times may be related to the woman, such as a sister or a mother.

Who is a candidate for surrogacy in IVF (invitro fertilisation)?
  • A woman born without a functional uterus or vagina
  • A woman who has undergone surgical removal of the uterus (hysterectomy) and has functioning ovaries
  • A woman whose uterus is diseased and nonfunctional
  • A woman who is incapable of bearing a child because of chronic ill health like heart disease.
What are the types of surrogacy in IVF (invitro fertilisation)?

There are two types of surrogacy known as gestational surrogacy and traditional surrogacy.
  • In traditional surrogacy, the surrogate is inseminated with the sperm of the father via intrauterine insemination. The resultant baby will have the genetic structure of the father and the surrogate.
  • The second type of surrogacy is known as gestational surrogacy, which is where the surrogate carries the embryo (created in an IVF, invitro fertilisation cycle) produced by the infertile couple. The infant will have the genetic makeup of the infertile couple. In gestational surgery, the mother undergoes an in vitro fertilization cycle where she receives medication to stimulate her ovaries to produce multiple eggs. If the mother does not have viable eggs, an egg donor may be used.
How is Gestational Surrogacy in IVF (invitro fertilisation) carried out?

In Gestational Surrogacy, similar to an IVF (invitro fertilisation) cycle, the mother receives medication to stimulate her ovaries. The mother is given general anaesthesia and the eggs are withdrawn under USG guidance through the vagina and combined with the male partner's sperm in a Petri dish. The dish is then placed in an incubator until ready for transfer, usually 3-5 days. The gestational surrogate receives hormones to synchronize her cycle with the mothers. The mature embryos are transferred to the surrogate mother using a small catheter.

How is a Surrogate in IVF (invitro fertilisation) selected?

The process of surrogacy is complex from both the physical and psychological standpoints. Selection of a suitable surrogate, who understands the process and its ramifications, and is supported by her family, is paramount to the success of the program. A surrogate is usually an extremely diligent and devoted person who wishes to endow a special gift to another woman.
Women who are willing to act as surrogates in IVF (invitro fertilisation) are often friends or are recruited through the media or surrogacy agencies. Once a suitable surrogate has been selected the following steps are mandatory:
  • Medical evaluation, including evaluation of lifestyle and previous pregnancies.
  • Psychological evaluation
  • Blood testing and cultures to exclude STDs
What are the legal issues in Surrogacy in IVF (invitro fertilisation)?

Commercial surrogacy has been legal in India since 2002. Commercial surrogacy is legal in India, as recognized by the Supreme Court of India in 2002.

Commercial Surrogacy means that a woman who cannot carry a pregnancy in her uterus for various reasons uses the services of another woman (who is called the Surrogate). This surrogate carries the baby of the couple in her uterus for nine months and at the end of this pregnancy, once the baby is born, hands over the baby to the couple who had hired her for her services. For this, she is given some monetaory compensation.

All through the 9 months of the pregnancy, the Surrogate stays close to the Hospital in accomodation provided by the Hospital with other Surrogates and is checked every 15 days by our competent Obstetricians. We send you updates of your babies every 15 days.

Before a woman is certified fit for being a Surrogate, she goes through a battery of blood tests, ultrasounds and urine tests apart from a psychologial evaluation and a Physicians evaluation. Her family background is also checked.

The Government of India has drafted the ART Bill which lays down very clearly various aspects of Surrogacy.

Surrogacy Laws in India

Rights and duties in relation to surrogacy –

(1) Both the couple or individual seeking surrogacy through the use of assisted reproductive technology, and the surrogate mother, shall enter into a surrogacy agreement which shall be legally enforceable.

(2) All expenses, including those related to insurance if available, of the surrogate
related to a pregnancy achieved in furtherance of assisted reproductive technology shall, during the period of pregnancy and after delivery as per medical advice, and till the child is ready to be delivered as per medical advice, to the biological parent or parents, shall be borne by the couple or individual seeking surrogacy.

(3) Notwithstanding anything contained in sub-section (2) of this section and subject to the surrogacy agreement, the surrogate mother may also receive monetary compensation from the couple or individual, as the case may be, for agreeing to act as such surrogate.

(4) A surrogate mother shall relinquish all parental rights over the child.

(5) No woman less than twenty one years of age and over thirty five years of age shall be eligible to act as a surrogate mother under this Act. Provided that no woman shall act as a surrogate for more than five successful live births in her life, including her own children.

(6) Any woman seeking or agreeing to act as a surrogate mother shall be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed, and all other communicable diseases which may endanger the health of the child, and must declare in writing that she has not received a blood transfusion or a blood product in the last
six months.

(7) Individuals or couples may obtain the service of a surrogate through an ART bank, which may advertise to seek surrogacy provided that no such advertisement shall contain any details relating to the caste, ethnic identity or descent of any of the parties involved in such surrogacy. No assisted reproductive technology clinic shall advertise to seek surrogacy for its clients.

(8)A surrogate mother shall, in respect of all medical treatments or procedures in
relation to the concerned child, register at the hospital or such medical facility in her own name, clearly declare herself to be a surrogate mother, and provide the name or names and addresses of the person or persons, as the case may be, for whom she is acting as a surrogate, along with a copy of the certificate mentioned in clause 17 below.

(9)If the first embryo transfer has failed in a surrogate mother, she may, if she wishes, decide to accept on mutually agreed financial terms, at most two more successful embryo transfers for the same couple that had engaged her services in the first instance. No surrogate mother shall undergo embryo transfer more than three times for the same couple.

(10) The birth certificate issued in respect of a baby born through surrogacy shall bear the name(s) of individual / individuals who commissioned the surrogacy, as parents.

(11)The person or persons who have availed of the services of a surrogate mother shall be legally bound to accept the custody of the child / children irrespective of any abnormality that the child / children may have, and the refusal to do so shall constitute an offence under this Act.

(12) Subject to the provisions of this Act, all information about the surrogate shall be kept confidential and information about the surrogacy shall not be disclosed to anyone other than the central database of the Department of Health Research, except by an order of a
court of competent jurisdiction.

(13) A surrogate mother shall not act as an oocyte donor for the couple or individual, as the case may be, seeking surrogacy.

(14) No assisted reproductive technology clinic shall provide information on or about surrogate mothers or potential surrogate mothers to any person.

(15) Any assisted reproductive technology clinic acting in contravention of sub-section
14 of this section shall be deemed to have committed an offence under this Act.

(16) In the event that the woman intending to be a surrogate is married, the consent of her spouse shall be required before she may act as such surrogate.

(17) A surrogate mother shall be given a certificate by the person or persons who have availed of her services, stating unambiguously that she has acted as a surrogate for them.

(18) A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple/ individual. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.

(19) A foreigner or foreign couple not resident in India, or a non-resident Indian individual or couple, seeking surrogacy in India shall appoint a local guardian who will be legally
responsible for taking care of the surrogate during and after the pregnancy as per clause 34.2, till the child / children are delivered to the foreigner or foreign couple or the 28local guardian. Further, the party seeking the surrogacy must ensure and establish to the
assisted reproductive technology clinic through proper documentation (a letter from either the embassy of the Country in India or from the foreign ministry of the Country, clearly and unambiguously stating that (a) the country permits surrogacy, and (b) the child born through
surrogacy in India, will be permitted entry in the Country as a biological child of the commissioning couple/individual) that the party would be able to take the child / children born through surrogacy, including where the embryo was a consequence of donation of an oocyte or sperm, outside of India to the country of the party’s origin or residence as the case may be. If the foreign party seeking surrogacy fails to take delivery of the child born to the surrogate mother commissioned by the foreign party, the local guardian shall be legally obliged to take delivery of the child and be free to hand the child over to an adoption agency, if the commissioned party or their legal representative fails to claim the child within one months of the birth of the child. During the transition period, the local guardian shall be responsible for the well-being of the child. In case of adoption or the legal guardian having to bring up the child, the child will be given Indian citizenship.

(20) A couple or an individual shall not have the service of more than one surrogate at any given time.

(21) A couple shall not have simultaneous transfer of embryos in the woman and in a surrogate.

(22) Only Indian citizens shall have a right to act as a surrogate, and no ART bank/ART clinics shall receive or send an Indian for surrogacy abroad.

(23) Any woman agreeing to act as a surrogate shall be duty-bound not to engage in any act that would harm the foetus during pregnancy and the child after birth, until the time the child is handed over to the designated person(s).

(24) The commissioning parent(s) shall ensure that the surrogate mother and the child she deliver are appropriately insured until the time the child is handed over to the commissioning parent(s) or any other person as per the agreement and till the surrogate mother
is free of all health complications arising out of surrogacy.

35. Determination of status of the child –

(1) A child born to a married couple through the use of assisted reproductive technology
shall be presumed to be the legitimate child of the couple, having been born in wedlock and with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.

(2) A child born to an unmarried couple through the use of assisted reproductive technology, with the consent of both the parties, shall be the legitimate child of both parties.

(3) In the case of a single woman the child will be the legitimate child of the
woman, and in the case of a single man the child will be the legitimate child of the man.

(4) In case a married or unmarried couple separates or gets divorced, as the case may be, after both parties consented to the assisted reproductive technology treatment
but before he child is born, the child shall be the legitimate child of the couple.

(5)A child born to a woman artificially inseminated with the stored sperm of her dead husband shall be considered as the legitimate child of the couple.

(6) If a donated ovum contains ooplasm from another donor ovum, both the donors shall be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed, and all other communicable diseases which may endanger the health of the child, and the donor of both the ooplasm and the ovum shall relinquish all parental rights in relation to such child.

(7) The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.

(8) If a foreigner or a foreign couple seeks sperm or egg donation, or surrogacy, in India, and a child is born as a consequence, the child, even though born in India, shall not be an Indian citizen.

36. Right of the child to information about donors or surrogates –

(1) A child may, upon reaching the age of 18, ask for any information, excluding personal identification, relating to the donor or surrogate mother.

(2) The legal guardian of a minor child may apply for any information, excluding personal identification, about his / her genetic parent or parents or surrogate mother when required, and to the extent necessary, for the welfare of the child.

(3) Personal identification of the genetic parent or parents or surrogate mother may be released only in cases of life threatening medical conditions which require physical testing or samples of the genetic parent or parents or surrogate mother. Provided that such personal identification will not be released without the prior informed consent of the genetic parent or parents or surrogate mother.

Surrogacy with Dr Richa

Dr. Richa has successfully undertaken several surrogacy cases. This includes end-to-end services where we take care of all the aspects including helping you choose a surrogate to preparation of legal documents. To find more about the process, please call Dr Richa at +91-9810812189 or write at dr.richa.katiyar@gmail.com for free consultation.


Emails to Dr. Richa Katiyar regarding Surrogacy.
Hello!!

Could you explain to me more about how surrogacy works. What is the process?? I would like for someone else to carry my baby but i wnt my baby to look like me and my husbabd not the surrogate mother. Also i want the baby to inherit our habits not the surrogacy.
Hello Guest,

You are welcome to come to New Delhi, India for Surrogacy treatment. When we do Surrogacy with your eggs and using your husbands sperm, then the baby looks like both of you and not like the Surrogate. Also, the habits etc of the baby are also like you only. We will give you medicines and injections to make many of your eggs form. Once they are ready, we will take them out through the vagina after giving you general anesthesia. These will be fertilized by your husbands sperm to make the embryos. Simultaneously, we will prepare the Surrogate to receive these them into her uterus. Embryo transfer will be done into the Surrogate and we will get to know the result after 12 days.

All through the 9 months of the pregnancy, the Surrogate stay close to the Hospital in housing provided by us with other Surrogates and are checked every 15 days by our competent Obstetricians. We send you updates of your babies every 15 days.

The birth certificate of the baby (babies) is made in the names of the Genetic parents ( that is in your name).

Regards,
Dr. Richa



Dear Mam.

I hope all is going well at your site.

kindly do me a favour.As you know that one of my IVF had been failed.
Now i want to know that how much are the success chances in my next IVF.Do you think i have to take a chance again.I m really afraid of the unsuccess of IVF again.
I read about surrogacy.I want to know about its conditions.If i'll go for surrogacy so what do you think that would be much better than the another IVF.should i change my mind for surrogacy.For muslims what are the conditions for this process.please send me in detail about surrogacy.Before coming to india i wanted to take a decision but i need your help.In case of failure of IVF it can be really effect my marriad life.I dont want to take another risk.The reports which i send to you are 2 years old i have no idea about my present physical condition.please think on it and give me the right path to walk on it.I really need a help.
I shall be thankful to you ever.

take care.

Dear Guest,

I have gone through all your reports and strongly feel that you have good chances with IVF. However there are no separate conditions for Surrogacy for Muslims and can be done for you too.

Regards,
Dr. Richa