Is Surrogacy a Good Option in India?

When it comes to starting a family, surrogacy often emerges as a ray of hope for those unable to conceive naturally. But is surrogacy a good option in India? Let’s explore this complex topic in simple terms to help you make an informed decision.

Understanding Surrogacy

Surrogacy is an arrangement where a woman (the surrogate) carries and gives birth to a child for another individual or couple. It is usually of two types:

·       Traditional Surrogacy: The surrogate’s egg is fertilized, making her the biological mother of the child.

·       Gestational Surrogacy: The embryo is created using the intended parents’ or donors’ genetic material, and the surrogate has no biological link to the child.

In India, gestational surrogacy is the only legally permitted option, and it is regulated under strict laws.

The Legal Landscape of Surrogacy in India

India’s surrogacy practices are governed by the Surrogacy (Regulation) Act, 2021 and Surrogacy Rule. This law aims to protect the rights of all parties involved, especially the surrogate and the child. Key provisions include:

·       Eligibility: Only Indian couples who have been married for at least five years and have proven infertility are eligible for surrogacy and divorced/widow woman aged between 35 and 35.

·   Altruistic Surrogacy: Commercial surrogacy (where the surrogate is paid) is banned. Only altruistic surrogacy, where the surrogate is a close relative and does not receive monetary compensation, is allowed.

·       No Foreign Nationals: Surrogacy is not open to foreign nationals, single parents, or same-sex couples.

Pros of Choosing Surrogacy in India

·       A Chance to Have a Biological Child: Gestational surrogacy allows intended parents to have a biological connection with the child.

·     Regulated Environment: The new law ensures that surrogacy arrangements are ethical and protect the surrogate mother’s rights.

·       Affordable Compared to Other Countries: Even with the ban on commercial surrogacy, the overall cost of medical procedures in India remains relatively low.

Challenges of Surrogacy in India

·       Limited Availability: With only altruistic surrogacy allowed, finding a willing and eligible surrogate can be challenging.

·    Strict Eligibility Criteria: Couples need to meet stringent legal and medical requirements, making the process exclusive.

·      Ethical Concerns: Critics argue that the law overly restricts personal choice and leaves out many individuals who could benefit from surrogacy, such as single parents and same-sex couples.

·       Emotional Complexity: Surrogacy is an emotionally charged process for all parties involved, including the surrogate and the intended parents.

Is Surrogacy the Right Option for You?

Surrogacy can be a beautiful way to grow your family if you meet the eligibility requirements and are prepared for the medical, legal, and emotional aspects of the journey. However, the process demands careful planning and a thorough understanding of Indian laws.

Here are some key points to keep in mind:

·      Know the laws: Make sure you are fully aware of the legal framework around surrogacy in India. The rules are changing, and it’s important to follow them to avoid any legal complications.

·     Ethical considerations: It’s important to make sure the surrogate mother is treated ethically, with respect, and compensated fairly. The process should always be transparent and voluntary.

·     Emotional and psychological support: Both the surrogate mother and the intended parents should be given emotional and psychological support during the process. This can help reduce stress and make the experience positive for everyone involved.

Things to Consider Before Opting for Surrogacy

·   Consult Legal and Medical Experts: Work with professionals who specialize in surrogacy to ensure compliance with the law and safeguard everyone’s interests.

·       Understand the Costs: While the surrogate cannot be paid, medical and related expenses still need to be accounted for.

·     Emotional Readiness: Both the intended parents and the surrogate must be mentally prepared for the journey.

Conclusion

Surrogacy in India, though bound by legal and ethical constraints, remains a viable option for eligible couples who dream of becoming parents. It reflects the triumph of medical science and human compassion, offering hope to those facing infertility. If you’re considering surrogacy, take the time to educate yourself, seek expert guidance, and approach the process with empathy and care.

 

Frequently Asked Questions

1. What is surrogacy?

Surrogacy is when a woman, called a surrogate mother, carries and gives birth to a baby for another person or couple. There are two types of surrogacy:

Traditional surrogacy: The surrogate is the egg donor, so she is genetically related to the baby.

Gestational surrogacy: The surrogate carries an embryo created using the eggs and sperm of the intended parents or donors, and is not genetically related to the baby.

2. Why do people choose surrogacy?

People choose surrogacy when they are unable to have children due to reasons like infertility, medical conditions that make pregnancy risky, or if they are part of a same-sex couple or a single individual who wants to become a parent.

3. Is surrogacy legal in India?

Yes, surrogacy is legal in India, but there are strict rules in place. The 2021 Surrogacy Regulation Bill allows only altruistic surrogacy (where the surrogate is not paid beyond medical expenses) and bans commercial surrogacy. Surrogates must be close relatives, and they must have had their own children to ensure they are physically and mentally ready for the process.

4. How much does surrogacy cost in India?

Surrogacy in India is generally more affordable than in other countries like the US or Europe. The cost can range from ₹ 4 lakh to ₹ 6 lakh depending on the clinic and location. However, the overall cost can be higher due to medical expenses, legal fees, and other factors.

5. Who can become a surrogate mother in India?

In India, only women who have had their own children can become surrogates. They must be between the ages of 25 and 35, and they should not have had more than five children. The surrogate must also be in good physical and mental health. The surrogate’s role is meant to be voluntary, and commercial surrogacy (where she is paid beyond medical costs) is illegal under Indian law.

6. What are the emotional and psychological challenges of surrogacy?

Surrogacy can be emotionally and psychologically challenging for both the surrogate mother and the intended parents. The surrogate might experience attachment to the baby she carries and may find it difficult to give up the child after birth. Intended parents can face anxiety about the pregnancy process and the uncertainty of the outcome. Emotional support from counselors and family members is essential for everyone involved.

7. Can international couples use surrogacy in India?

No, under the 2021 Surrogacy Regulation Bill, international couples and foreign nationals are not allowed to use surrogacy in India. Only Indian citizens and Overseas Citizens of India (OCI) can opt for surrogacy, and the surrogacy must be altruistic, with the surrogate being a close relative.

8. Are there any legal risks involved in surrogacy in India?

Yes, there are legal risks involved. The laws surrounding surrogacy in India are complex and subject to change. It is important to work with experienced lawyers and fertility clinics to ensure all legal requirements are met. The 2021 law aims to protect the rights of both the surrogate and the intended parents, but any violations could lead to legal complications.

9. How do intended parents choose a surrogate in India?

Intended parents typically choose a surrogate through a licensed fertility clinic. The clinic will screen potential surrogates for physical and mental health, and make sure they meet the legal requirements. Surrogates must also be a close relative of the intended parents as per the 2021 law. It is important to ensure the process is transparent and ethical.

10. What happens if a surrogate changes her mind after birth?

According to Indian law, the intended parents have legal custody of the child once the birth is complete, as long as the surrogate mother has signed an agreement before the pregnancy. If there are complications, it is important to have legal counsel in place to protect everyone’s rights. However, emotional and legal challenges may arise if the surrogate has any concerns after childbirth.