Surrogacy in India - Procedure, Types, Legalities

1. Surrogacy in India Surrogacy involves a woman agreeing to carry a baby for another couple or an individual. The woman carrying the baby is called a “surrogate mother”. After the surrogate mother gives birth to the baby, its guardianship and custody goes to the intended parents. Surrogacy is a complex procedure and there are many legalities and formalities to be met before the process can start. Hence, it is important to seek professional advice before opting for this process.

2. Types of SurrogacySurrogacy can be characterized by the following types:Altruistic Surrogacy: Altruistic Surrogacy is when a woman volunteers to be a surrogate mother. She usually is a close family member or friend to the intended parents. The surrogate mother does not receive any money for her involvement in the process except for medical and pregnancy-related compensation.Traditional Surrogacy: Traditional Surrogacy is when the eggs of the surrogate are fertilized with the intended father’s or donor’s sperm for achieving pregnancy.Independent Surrogacy: Independent Surrogacy is when the surrogate mother works independently without any organisation or agency.Gestational Surrogacy: Gestational Surrogacy is when the surrogate is impregnated using the eggs of the intended mother (or donor) which is fertilized by the sperm of the intended father (or donor) using a process called In Vitro Fertilization (IVF).

3. Legalities surrounding Surrogacy in India In order to stop the exploitation of surrogate mothers and children, some rules have been established by the Indian Government. These rules have to be abided by the intended parents and other involved parties. • Commercial Surrogacy (using surrogacy or its related procedure for money or a reward) is banned in India • India only allows Altruistic Surrogacy • Only a couple with proven infertility can opt for surrogacy in India • It is prohibited to use surrogacy for producing children for prostitution, sale or any other kind of exploitation

4. Eligibility criteria for Intended ParentsThe intended parents are required to have the ‘certificate of essentiality’ and ‘certificate of eligibility’ issued by the appropriate authority to be considered eligible for surrogacy.The certificate of essentially will be issued on the following terms and conditions: • The couple should have a certificate of proven infertility for both or one of them issued by the District Medical Board • They should have an order of parentage and custody of the surrogate baby passed by the Magistrate’s court • They should also have insurance coverage for a period of 16 months for covering any postpartum complications related to the delivery for the surrogate mother

5. The certificate of eligibility will be issued on the following terms and conditions: • The couple should be Indian citizens and married for at least 5 years • The age of the wife should be between 23 and 50 years • The age of the husband should be between 26 and 55 years • They should have any surviving child (surrogate/ adopted/ biological) except a child who is mentally or physically challenged or have any type of life-threatening disease or any other similar condition

6. Eligibility criteria for Surrogate Mother in India A surrogate mother in India also needs a certificate of eligibility to be deemed eligible for surrogacy. The certificate of eligibility will be issued based on the foll wing criteria: • She should be a close relative of the intended parents • She should be married and should have a child of her own • Her age should be between 25 to 35 years • She is permitted to be a surrogate mother only once in her life • She should have certificate proving her mental and physical fitness • She is not allowed to give her own gametes for surrogacy

7. Process of Surrogacy Once a couple makes the decision of opting for surrogacy, they will have to get both the certificates mentioned above for proving themselves eligible for the process. During this period, they will have to produce a certificate of infertility. If one or both of the partners are deemed infertile then they will have to decide on the donors. Most of the surrogacy centers have donor programs for both sperm and eggs. The couple will have to select the donor/ donors who will be providing them with the egg/ sperm or both. During or after this procedure, they will have to start looking for a suitable surrogate mother. The selected surrogate mother will then go through a screening process (a series of tests) to prove she is physically and mentally fit for the process. Once all the formalities are completed, the process for impregnating the surrogate starts. The surrogate is impregnated using a process called In Vitro Fertilization process. During an IVF process, the eggs and sperm are retrieved from the respective partners or donors and then the eggs are fertilized by the sperm in a laboratory. Then the fertilized egg (embryo) is transferred inside the uterus (womb).

8. In the case of surrogacy, the eggs of the intended mother (or donor) and the sperm of the intended father (or donor) are fertilized in a laboratory and then the embryo is transferred into the uterus of the surrogate mother. After 12 days to 2 weeks, the doctor may test the blood of the surrogate to check if she is pregnant or asks her to take a pregnancy test. If she is not pregnant then the couple can redo the IVF procedure if they want. If she does get pregnant she may be asked to put for an antenatal/ prenatal care (a type of preventive healthcare which involves regular checkups to allow doctors and midwives prevent any health issue during pregnancy). The surrogate then delivers the baby around the estimated due date.After the delivery, the baby is given to the intended parents. The surrogate mother may require post-pregnancy care after the procedure for about six weeks before she recovers fully.

9. Penalties and Offences related to Surrogacy in IndiaThe intended couple and/ or involved parties may be subjected to 10 years in jail or a penalty of Rs.10 lakh for the following: • Advertising or undertaking commercial surrogacy • Exploitation of the surrogate mother • Exploiting, disowning or abandoning the surrogate child • Importing or selling human embryos or gametes for surrogacy Procedure Type: Use of surrogate for child Surgery: Full term pregnancy Average Treatment Cost: 15,00,000 Medical Loan: 0% Interest EMI loan by Zealthy Alternate Treatments: IVF and IUI Success Rate: 90+%

10. Surrogacy Cost in India The cost of surrogacy in India ranges from Rs. 10,00,000 to Rs. 18,50,000. Surrogacy is a vast process which involves multiples steps, tests, and people due to which the total cost is higher compared to other ways of having a child. However, nothing compares to the feeling of having a baby and starting a new family hence it is chosen by many infertile couples these days as an option of having a child. Some of the factors due to which the cost of surrogacy in India varies are: • The consultation fees of the doctor • The hospital or center chosen for surrogacy (government/ private) • The tests performed on the couple to prove their infertility • The tests performed on the surrogate mother to prove her eligibility • The cost of donor sperm/ eggs if used • The cost of IVF charged as per the hospital

11. There are many banks in India who have started to provide medical loans for covering surrogacy cost. For more information on surrogacy cost in India, medical loans, insurances, etc contact us at @ 636-636-3030. • The cost of prenatal care of the surrogate mother • The cost due to any complications that may arise during the pregnancy or during the time of birth • Cost of post-pregnancy care of the surrogate mother (which may include any medications given to her for a healthy recovery or to treat any complication after pregnancy), etc

12. Surrogacy Doctor in India Surrogacy is a good option for couples who are unable to conceive by any other method. A couple looking to have a child via surrogacy can find a good surrogacy doctor in some of the best hospitals and centers providing surrogacy. A surrogacy doctor can be a gynecologist or an IVF specialist or maybe both. They will provide all the information on the entire procedure of surrogacy along with the legal aspect of the process. While looking for a doctor keep the following considerations in mind. • Pick a doctor with experience performing surrogacy • The doctor performing IVF should have years of experience in performing successful IVF procedures • They should have good success rates for IVF treatment • They should have all the facilities for performing fertility test for the couple • They should have all the facilities to perform screening tests for the surrogate mother

13. There are many centers in India who provide surrogacy. Many of them have been providing surrogacy for years and have many patients satisfied with their work and results. Some of these centers provide all the facilities required during the entire procedure making and the couple won’t have to visit other centers for different treatments and facilities. However, some centers may provide only gynecological care and the couple may have to look for another center for IVF, fertility tests, screening tests, etc. Whatever the case may be, if a center is providing surrogacy, they should abide by the guidelines for a legal process.Also, the center should be registered by the appropriate authority for being able to perform surrogacy. If a center wants to start with surrogacy, they need to apply for registration 60 days prior to the date of appointment with the appropriate authority. Surrogacy Center in India

14. See full details by clicking this link : https://zealthy.in/en/treatment/surrogacy-in-indiaWebsite :https://zealthy.in/E-mail : care@zealthy.in