Is Surrogacy Legal In India?
Surrogacy is when a woman carries a baby for an infertile couple, nourishes the embryo in her womb for the couple, carries the fetus for nine months, and hands over the well-developed child to the intended couple. Surrogacy in India is much more exceptional, meaning that couples cannot carry or conceive naturally in the way of pregnancy and still find it difficult to reach the right person for their surrogacy procedure. Many people wonder- Is Surrogacy Legal In India? This is because of the ongoing debate over using processes by celebrities in Indian society. When the couple cannot conceive or whole-hog their family, surrogacy is the last choice that stays with them. It is far better for those couples who cannot have their baby or cannot become parents by natural process due to sexual intercourse. This is one of the reasons why surrogacy rules in India have become a concern.
What is the meaning of surrogacy?
Surrogacy meaning
In Latin, “Surrogatus” means a substitute, i.e., a person appointed to act in the place of another person. Surrogacy means carrying and delivering a child to another person. It is the practice where a woman bears a child with a known or unknown couple who cannot produce children in the usual way. It is a process where a woman carries a child for another with the intention to give the newborn to the intending parents, after the birth.
Surrogacy and its regulations
These are the unions of science, society, and persons who want to turn things into reality. It is a process or win-win situation where the infertile couple and the surrogate mother receive a reward, either in the form of a child or money. Here, the infertile couple can fulfill their most important desire, and the surrogate mother receives the amount she wants or wishes for.
Is it legal to have commercial surrogacy in India?
India allows only one type of surrogacy as a legal operation and that is altruistic surrogacy. Also, commercial surrogacy is banned in India with respect to The Surrogacy (Regulation) Act 2021. Moreover, there are different forms of surrogacy:-
- Altruistic Surrogacy
- Traditional surrogacy
- Gestational Surrogacy
- Independent Surrogacy
- Commercial Surrogacy
Altruistic Surrogacy
This is one of the legal surrogacy type allowed in India. Here, the intending parents do not or cannot help the surrogate mother with any monetary fund for the risks, efforts and time. The surrogate mother can only be any relative or any close one.
Traditional surrogacy
This is also known as straight surrogacy. It begins with artificial or natural insemination until the intended couple receives their healthy and fully developed baby. The conevtional use of surrogacy in this form is illegal in India.
Gestational Surrogacy
This, also known as host surrogacy, was first invented or practiced in 1986. Here, the process begins with the generation of the embryo with the help of IVF (in In-Vitro Fertilization). The use of gastational carrier came here when there is the need to tranfer the embryo in her womb.
Independent Surrogacy
This is meant for a woman who intends to offer surrogacy services without seeking the help of a surrogacy service provider. It is therefore one of the riskiest operations due to the lack of screenings for protection.
Commercial Surrogacy
When a surrogate mother intends to give her services only for the purpose of monetary fund, it is known as commercial surrogacy. Here the medical expenditure reimbursement is more important for the surrogate mother.
In short, in India, it is not legal to go with surrogacy and have a child in return for some monetary funds, but if a couple is suffering from some medical issues & they intend to have a baby, in that situation they can take permission from the court.
Why is surrogacy always a hotly descriptive topic for Indians?
Surrogacy is a neurotic subject, especially in developing countries like India. There have been many practices, social means, legal and laws, moral concerns, which come into practice when an infertile couple takes advantage of surrogacy in India. The status of the legalities of surrogacy differs from nation to nation. In India, the Indian Council of Medical Research (ICMR) handles the regulation of the surrogacy in India. Many surrogate mothers and intended couples or infertile parents often face gaps because of the legalization since they cannot take advantage of rights authored by the courts.
What does Indian law say about surrogacy and its legalities?
If you wonder, Is Surrogacy Legal In India? You may not be fully aware of the rules, regulations & protocols attempted by the Indian courts. Although surrogacy is completely legal in India, nothing comes with buts, if, don’t, and other probabilities.
The Indian government has authored many legalities concerning making surrogacy a legal practice. Here, we have given a few laws that may help you define the surrogacy and its legalities in India –
The Indian Council of Medical Research Guidelines, 2005
The guidelines under The Indian Council of Medical Research Guidelines, 2005, were proposed to regulate the conduct of the Assisted Reproductive Technology (ART) clinics serving the facilities of surrogacy treatment in India. These guidelines help an infertile parent/couple to seek fertility facilities through ART operations or treatments.
The surrogacy bill 2019
The Surrogacy (Regulation) Bill 2019 was introduced by the Health & Family Welfare Minister, Dr. Harsh Vardhan, on 15th July 2019. The bill defines surrogacy as a legal practice where a woman gives birth to a child and, after the birth, gives the child to the intended couple (with the intention over the child legally to them).
What does the surrogacy bill 2019 enact regarding the regulations of surrogacy practices?
Regulation of surrogacy
The Surrogacy (Regulation) Bill 2019 doesn’t allow the legal practices of commercial surrogacy but gives its full consent to altruistic surrogacy. Altruistic surrogacy is the practice where the intending parents gives no monetary fund except the compensation to the surrogate mother in the form of medical expenses and insurance coverage during the pregnancy.
Purposes for which the surrogacy is permitted or allowed
Surrogacy is allowed when it is: (i) proven that the couple is infertile medically and cannot give birth to a child through natural means; (ii) altruistic; (iii) not for commercial purposes; (iv) doesn’t allow the intending parent or surrogate parent to give birth to a child for any sales purpose, prostitution, or any other form, of exploitation; and (v) the law is available for those intending parents or couple living in marriage if they are suffereing due to illness.
Eligibility criteria (for an infertile or intending couple)
The intending couple who will have surrogacy facilities should have the ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the government of India.
What if the surrogate or the gestational carrier doesn’t want to continue the pregnancy?
A child born through surrogacy is legally the child of the intending couple by all legal means. If there comes the need for abortion (in some cases of the medical situation), surrogacy in India allows the surrogate mother to give the consent in the written form and submit the same to the legal authorities. The authorization must comply with the Medical Termination of Pregnancy Act 1971, and the surrogate mother can withdraw the pregnancy before the procedure of implantation of embryo takes place.
Conclusion
Now, you must be aware and get to know the answer- Is Surrogacy Legal In India?
India has now become the kind of country where lot of celebrities intends to have a baby through ART procedures or surrogacy means. This is because of the legal rights and also because of the present situation in youngsters or today’s generation regarding the birthing styles. Suppose you or anyone you intend to become parents through surrogacy. In that case, you don’t need to have any advertising surrogacy, commercial surrogacy, or exploitation of the mother through any means, or selling of embryos, gametes, or the child after the birth. This is because there is a penalty for offenses of up to 10 lakhs and ten years imprisonment. What you need to do is simply look for the service providers who deal in the similar situations.
If you want to avail of surrogacy services in India and are trying to figure out where to go or how to proceed, get immediate help through professionals by giving a request or missed call at +91 8448879134. Else, you can also raise a request at vinsfertility.
References
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4345743/
- https://blog.ipleaders.in/is-surrogacy-legal-in-india/#:~:text=Commercial%20surrogacy%20is%20prohibited%20in,with%20the%20laws%20of%20India.
- https://prsindia.org/billtrack/the-surrogacy-regulation-bill-2019
- https://fertilityworld.in/blog/is-surrogacy-legal-in-india-how-is-surrogacy-done-in-india/
- https://www.selectivf.com/surrogacy-law-india/
What is the ideal weight for IVF Pregnancy?
IVF treatments or in vitro fertilization is a sequence of processes to help you with conception. It is while a human egg is fertilized with sperm in a laboratory. If the fertilized egg (embryo) efficiently implants withinside the uterus, this could bring about pregnancy. Extremely thin or too fat, both are not ideal for ideal weight for IVF Pregnancy.
What is the IVF process?
IVF is a process, with every IVF cycle happening with one menstrual cycle.
- Blood test: On the first day of your menstrual cycle, you’ll have a blood test at your fertility center.
- Hormone stimulation: On the second or third day of your menstrual cycle, your hormone stimulation therapy will begin. You will begin taking medications to stimulate your follicles to produce many eggs.
- Trigger shot: Once your eggs have reached a specific size, you’ll get an injection containing hormones that cause your ovary to mature and release the egg.
- Egg retrieval: Your eggs can be collected about 34 to 36 hours after the shot.
- Sperm sample: If you use your partner’s fresh sperm, they may offer a semen sample on the day of the egg collection. If this isn’t always possible, a surgical operation can assist in extracting sperm from the testicles. You may use frozen donor sperm.
- Fertilization: Healthy sperm and eggs are added collectively to a dish and incubated overnight.
- Embryo transfer: Around 3 to 5 days after egg retrieval, your fertility expert will transfer an embryo into your uterus. Usually, one embryo is transferred. However, sometimes maybe more. In a few instances, your fertility expert will wait to transfer an embryo. Any appropriate quality embryos that aren’t transferred are probably frozen and will be used in the future, depending on your circumstances.
- Pregnancy test: After the embryo transfer, you must wait two weeks to take a pregnancy test. Blood tests are more dependable than an off-shelf pregnancy test kit, so it is better to try this at your fertility center or via your GP.
Why get an IVF done?
IVF process is used to treat infertility and a few genetic troubles. It may assist people with sexually and gender-various (LGBTIAQ+) networks to begin a family, in addition to single individuals who would like to be parents.
You might consider IVF for many reasons, consisting of the case you or your has:
- Low sperm count.
- Troubles with ovulation due to situations such as polycystic ovary syndrome.
- Troubles with the fallopian tubes.
- If both of you’ve got been sterilized.
- Troubles with endometriosis.
- A desire to avoid passing on inherited genetic problems to your children.
Some people might also select to apply donor sperm or eggs. For example, if a pair is vulnerable to passing on a critical genetic disease to their children, they will be advised to apply for donor sperm or donor eggs.
People who have most cancers can, from time to time, have their wholesome eggs or sperm frozen earlier than most cancers remedy, damaging their fertility. These eggs or sperm may be thawed later and utilized in IVF as soon as the most cancers remedy is over.
A severe weight, either too skinny or too heavy, is the most critical way of lifestyle, which affects reproductive fitness. Weight is described with the help of Body Mass Index (BMI), which accommodates weight and height. The best frame weight for being pregnant is a BMI between 19 and 28, which for 5-foot 5-inch females might be between 51 and 76 kg.
Underweight and Fertility
Underweight is described as an ideal weight for IVF Pregnancy much less than 19, equal to a 5-foot 5- inch girl weighing much less than 51 kg. Infertility is much more likely to arise in underweight than in everyday-weight girls because of ovulation dysfunction. The incidents of early miscarriage are likewise extended in underweight girls, more likely because of hormone imbalance.
Ideal weight for IVF Pregnancy & Obesity
Obesity described as a BMI over 30 is a common clinical situation wherein extra frame fats have collected to the extent that could damage fitness. A BMI of 30-35, which for a 5-foot 5-inch girl might be an ideal weight of between 81 and 95 kg, might also additionally lessen life expectancy by 2 to 4 years, while severe weight problems are described as a BMI of more than 40 which for a 5-foot 5-inch girl might be a frame weight over 95 kg reduces life expectancy for guys by most of 20 years and five years for girls.
Obesity is most common because of a combination of excess calories, loss of physical activity, and genetic vulnerability, even though some cases are due to genetics, clinical issues, or psychiatric illness.
Obesity is related to many sicknesses, specifically coronary heart disease, stroke, type 2 diabetes, respiration problems during sleep (apnea), cancers (breast and uterine), osteoarthritis, infertility, and miscarriage. An increased BMI can be related to ovulation dysfunction, polycystic ovarian syndrome (PCOS), increased use and dosages of ovulation induction medications, rotten egg and embryo excellent, implantation failure, and early pregnancy loss, most likely because of hormone imbalance related to each immoderate estrogen and androgen (male hormone) production. Men with weight problems have a better danger of sperm abnormalities with low testosterone production, low sperm counts, low motility, and unfavorable sperm morphology.
The Impact of Obesity on Egg Quality
Poor fertilization and embryo excellence and a better danger of implantation failure and early pregnancy loss also are related to each male and girl’s weight problems. IVF cost in Delhi had been mentioned to be a good deal as 33% much less for overweight girls, and plenty of applications do now no longer provide IVF offerings to girls with a BMI over 40 because of the very low possibility of being pregnant. In our IVF application, correctly excessive a hit being pregnant costs arise in girls whose ideal weight for IVF Pregnancy is extra than 20 but much less than 35. Obese girls who emerge as pregnant are more vulnerable to gestational diabetes, pregnant-prompted hypertension, pre-eclampsia, operative delivery, delivery trauma, anesthesia-associated issues, and negative wound healing.
It’s not usually easy to lose weight. However, a small amount of weight loss (standard 5 to 6 kg or extra than 5% of frame weight) can ameliorate reproductive characteristics in lots of those with reproductive difficulties.
Surrogacy meaning in Hindi – Surrogacy Kya Hai?
Surrogacy is an assisted reproductive art (ART) helping biological parents to start their families when they are unable to conceive healthily, naturally or through artificial methods. Do many couples get confused with surrogacy kya hai? And wonder if or not surrogacy is legal in India.
In general, surrogacy can be pursued for several reasons and comes in different forms (especially in the context of Indian background). There are two types of surrogacy arrangements and these are gestational surrogacy and traditional surrogacy.
The Indian government legalized surrogacy in 2002 and the confusion among people regarding- what is Surrogacy and whether Is surrogacy legal in India? Got resolved. The government authored the practice of gestational surrogacy and allowed intending parents to take advantage of artificial processes only before getting surrogacy done.
An Overview on the Surrogacy In India
(भारत में सरोगेसी पर एक सिंहावलोकन)
There have been many changes in India over the concept of surrogacy in the last decade. The government has put on many efforts into regulating the laws drastically and increasing the popularity of the concept among Indians and international intending parents.
- As of December 2018, the government changed the whole scenario and enhanced the phase or scope of commercial and gestational surrogacy in India.
- Before this law, surrogacy in India was much more regulated by the guidelines first introduced in 2002 proposed by the Indian Council of Medical Research.
- The supreme court in India legalized and ruled that it would now be legal to take advantage of commercial surrogacy for intending parents, 2010.
- In 2015, the Indian government banned foreign intended parents from taking over advantage of international surrogacy in India.
- This ban is still practised in India, being an option for International intended parents.
- The Indian government has now put the following restrictions on surrogacy as of 19th December 2018 and these restrictions are being described as a few important restrictions
- Since then, commercial surrogacy is illegal in India.
- Altruistic surrogacy is the only available practice in India that is available for infertile couples in India.
- For surrogacy and its advantages, the intended parents need to be married for at least five years and must have got certification from the doctors about their infertility.
- Homosexuals, single parents, and liv-in couples are restricted from taking the advantage of surrogacy in India.
- A woman who intends to provide the services of surrogacy should surrogate only once specifically for the intending parents. The surrogate mother should have already had a biological child of her own.
All these restrictions & regulations have been made to protect the rights and dignity of women being used as surrogates in India. This is because, before these implications, surrogate mothers were often the victims of exploitation, especially in the process of surrogacy in India.
What is surrogacy?
(सरोगेसी क्या है?)
Many people ask for the surrogacy meaning in Hindi or surrogacy kya hai?
It is indeed the type of pregnancy where a woman carries and gives birth to the child of a person who is not medically, biologically or physically able to give birth to children. In this type of pregnancy, eggs from the female partner who will carry the baby are fertilized with the sperm of the donor to make an embryo.
The embryo is then implanted into the uterus of the mother (surrogate) who agrees to carry the baby until the baby’s birth.
Surrogacy is an option for men & women who intend to have their kids or have any kind of compulsion restricting them to have their children. These compulsions can be any medical issue like radiation therapy, chemotherapy, or the number of causes of infertility.
Types of Surrogacy in India
(भारत में सरोगेसी के प्रकार)
In India, there are two types of surrogacy practised and they are:
- Surrogacy in the traditional sense
- Gestational Surrogacy
Surrogacy in the traditional sense
As per the traditional method of surrogacy, the eggs of the surrogate mother were used. Earlier, egg donation was not necessary since the eggs of the surrogate mother were used. Later, artificial methods like the intrauterine insemination method were used to simply allow the birth of the embryo and the ultimate birth of the baby. Here, the intended mother needs not take any participation, since none of her eggs (even healthy or not) were retrieved or used for the process.
Gestational surrogacy
This is another type of surrogacy where the egg donor is required to produce an embryo and help the surrogate mother to further carry out the birthing process. Here, the fertilization process called IVF (in In-Vitro Fertilization) is used. The embryo is created using the eggs of the intending mother and the sperm of the intending father. The fertilized egg is then transferred to the womb or uterus of the surrogate mother.
Since there exists no biological connection between the surrogate mother and the newborn, the surrogate mother (in no case) can give her consent or her entitlement to the life of the newborn.
This type of surrogacy is expensive because both intended parents need to go through different fertility treatments, egg retrieval, healthy sperm retrieval and fertilization.
Difficulties for a Mother who Carries Baby (specifically in India)
बच्चे को पालने वाली माँ के लिए कठिनाइयाँ (विशेषकर भारत में)
Child Trafficking
The legal status of surrogacy has resulted in a rise in child trafficking businesses.
A Threat to the Baby’s Health
Since the surrogate mother takes advantage of the process and can sometimes ask for an increase in the cost of the entitlement on the child, the surrogate mother intends to produce harm to the child. Also, the child can face medical abnormalities, damage to the membranes of the body and other possible hazards.
Surrogacy has resulted in the commoditization of offspring, which has raised lots of ethical concerns not in legal practices but also in the normal practices of the intended parents. Apart from offspring, women are also exploited, especially in poor nations.
Psychological Consequences
There have been many examples in the legalities & history of surrogacy in India. Many incidents have stated exploitation of women often either to give birth to the child or get mentally harassed as the result of opting for a surrogate.
Status of Surrogacy in India in Comparison to other Countries
(अन्य देशों की तुलना में भारत में सरोगेसी की स्थिति)
Since India has legalized surrogacy, there has been an eye of other governments of other countries on the legalities and the regulations. Despite the increasing importance of surrogacy, commercial surrogacy is the type that has largely been unregulated in the industry. Many other countries like the Russian Federation, Columbia, Ukraine and some States of the USA have allowed commercial surrogacy. Other countries like France, Finland, Italy, Japan, Spain, Sweden, Switzerland, Hungary, Ireland, etc, have all banned surrogacy in any form.
Approval by the Government for Surrogacy
(सरोगेसी के लिए सरकार की मंजूरी)
The Indian government approved the 2002 draft of the National Guidelines for the Accreditation, Supervision, and Regulation of ART Clinics in India, 2002. Before 2015 and the Indian government banned commercial surrogacy, India was the most prevalent destination for many foreigners to proceed with tourism and seek medical surrogacy services.
A study backed by the United Nations in 2012 estimated that India has more than $400 million in expenses collected for surrogacy with 3,000 fertility centres across India. In 2013, the Indian government pursued regulations regarding foreign homosexual couples & single parents, banning them from taking the advantage of the process in India.
In 2015, the government banned commercial surrogacy and permitted the entry of embryos only for research work. Shortly thereafter, in 2016, the Indian government passed a Surrogacy (Regulation) Bill and announced the permit to only heterosexual couples who have been married for at least five years and have infertility issues and allow them to take the advantage of altruistic or unpaid surrogacy.
Thereafter, another bill in 2019 was passed by Lok Sabha, which would be required to be passed by Rajya Sabha & the upper house of the Indian Parliament to enact the law and thereby pass the law. To know more about the Surrogacy Regulation Bill 2019, you can read further at Prsindia.org.
As per the Ministry of Law and Justice, there is another Surrogacy (Regulation) Act 2021, that further describes the newborn (through surrogacy) as the abandoned child to be abandoned by the appropriate authority and deserted by the intended parents.
The law also describes the meaning of altruistic surrogacy, where the surrogate mother intends to take no expense, charges, remuneration, or monetary fund except medical expenses.
Ban on International Intending Parent in 2015 for Surrogacy
(सरोगेसी के लिए 2015 में अंतरराष्ट्रीय इच्छुक माता-पिता पर प्रतिबंध)
Surrogacy meaning in Hindi / Surrogacy Kya Hai?
Earlier, India was a popular destination for intended parents from international states or countries. But, these trends are no longer applied after 2015, after the Indian government passed new regulations on the surrogacy process.
Today, the Indian government has made it illegal for foreign intended parents to complete a surrogacy in India. The only people who can take the advantage of the regulations are those who are married for at least 5 years and have been through certified infertility issues.
After the ban on foreign intended parents in 2015, the Indian government began regulating surrogacy strongly. Later, in 2018, a debate over an Indian surrogacy law was passed and stated that:
- Commercial surrogacy is illegal in any form
- India will allow only altruistic surrogacy for needy, infertile Indian couples after the regulation, and ban foreign couples in 2015.
- The Indian parents should be married for at least 5 years and should have certification from the doctor regarding their infertility.
- The law also restricts Indian surrogate mothers to having only one child or surrogate only once in their life.
- The government also banned single parents, homosexuals, and liv-in couples from having their surrogacy procedures in India.
These changes reflected the new era of surrogacy in Asia and other countries like Thailand and Nepal who were highly satisfied and impressed by the legalities in India.
Ban on Liv-ins and Homosexual Parents for Surrogacy in India
(भारत में सरोगेसी के लिए लिव-इन और समलैंगिक माता-पिता पर प्रतिबंध)
In 2016, the Indian government called surrogacy the “celebrity culture” to have the kids through this process. The government highly criticized the law and the availability of regulations for the Indian people.
The government unveiled the regulations and the law stating that there has been a strong ban on commercial surrogacy, blocking foreigners, people of Indian origin, single parents & homosexual parents to take the advantage of surrogacy and have children in India or through the rent-a-womb service.
The laws were highly discussed and criticized after actor Shah Rukh Khan had his third baby born through surrogacy in 2013, triggering ethical controversy in India.
What should be the Age of Intending Parents and Surrogate Mothers for Surrogacy in India?
(भारत में सरोगेसी के लिए इच्छुक माता-पिता और सरोगेट माताओं की उम्र क्या होनी चाहिए?)
After the Indian government changed the law stating that women are allowed to surrogate only once in their life, in the winter session of the parliament, the law also fixed the age of intended female partner as 23 to 50 years and male partner as 26 to 55 years.
“The law states that no Indian woman less than 20 years of age and over the age of 35 shall be eligible to surrogate under the act. Also, the woman acting as the surrogate mother for the intended parent can have more than five successful births in her life, including her children.”
The Role of Clinics, Agencies, and Fertility Centers for Surrogacy Procedure
(सरोगेसी प्रक्रिया के लिए क्लीनिक, एजेंसियों और प्रजनन केंद्रों की भूमिका)
To let the surrogacy process proceed as per the laws of India, the clinics and the infertility centres play a crucial role. They act as the pillar for the strength & support for both the intending parent & the surrogate mother.
Clinics, agencies and fertility centres are in themselves surrogate mothers for the intended parents. They receive the minimum amount of INR 7000 to INR 10,000 for the surrogate mother while arranging the centres for them.
Many agencies support surrogate homes for themselves. They support the living of their surrogate homes, sub-urban localities, and the doctors for IVF treatments for the delivery of the child only. Such agencies also manage the whole surrogacy process, arrange the things for the intended parents, hire lawyers, prepare a contract, and help the intended parents to connect.
Fertility clinics pay surrogate mothers an estimated amount of $4,500 or INR 3 lakh to $5,000 or INR 4 lakh. This may include the charges for carrying out the pregnancy, charges for the clients, and for protecting the interests of the surrogate mother.
Who is the right candidate for surrogacy?
(सरोगेसी के लिए सही उम्मीदवार कौन है?)
The right candidate for surrogacy is the one who is married for five years and has the certification for infertility from the authorities or doctors. The intended parents can take advantage of surrogacy if they are going through the following issues:
Implantation failure
Surrogacy is intended to be the last option for couples who have gone through IVF treatment. But, IVF treatment has also proved to be a failure for them due to any infertility issues including thin endometrium or decreased receptivity. After going through all available processes like IVF, fertility treatments and others, the doctors will suggest such intended parents have a baby through surrogacy.
Women without uterus
Some women are born with reproductive defects. They may not have a uterus, cervix, vagina or any other birth canal helping to conceive naturally. Although some of the birth defects are correctable, many of them are not. This may pose issues for the baby. Some women develop tumours, cancer, and heavy bleeding, leading to issues in having a baby. Consequently, surrogacy remains the last option for such people to conceive a baby and become parents.
Repeated miscarriages
Some women face miscarriages for various reasons. They can ask for surrogacy if their womb is not strong enough to carry the baby. In such cases, autoimmune diseases can also affect such women, causing the reason to abort for their safety.
Medical diseases
Some women suffer because of medical issues that make them unable to carry the child in their womb. There can be lots of complications like cervical incompetence, severe eclampsia, and placenta accreta.
Risk to the mother’s life
In some cases, pregnancy poses problems for the mother’s life. Seeing the history of miscarriages, diseases, inability to carry the baby in the womb, and history of severe eclampsia prohibits the mother’s ability to store a baby in the womb.
Biological Impossibility
Biological impossibilities may arise in the case of both men & women. They may pose infertility issues and may have a lack of reproductive power to store the embryo, hold the fetus, or raise a child.
How is Surrogacy Practice Regulated in India?
(भारत में सरोगेसी प्रथा को कैसे विनियमित किया जाता है?)
Presently, surrogacy is practised through surrogate pregnancy contracts. The surrogate clinic holds the responsibility to provide this contract, enforceability, and validity of the contract which is governed by the Indian Contract Act, 1872.
The Indian Council for Medical Research (ICMR) has proposed the Guidelines to be followed by medical professionals, medical staff, agents, clinics and fertility centres. These guidelines hold the regulations for surrogacy, assisted reproductive technologies, and all other professional protocols.
An Outline of Surrogacy Rules & Regulations In India
(भारत में सरोगेसी नियमों और विनियमों की रूपरेखा)
Surrogacy kya hai? Surrogacy meaning in Hindi / What is Surrogacy?
Many such questions were prevalent in Indians when there were no fixed rules. However, the government has now proposed a guideline or an outline for the regulations and protocols to be passed regarding the concept of surrogacy.
The following gives an idea about the progression and the advancements made so far in the meaning, concept and protocols of surrogacy in India.
2002 – Indian regulations allowed only gestational surrogacy.
2008 – Indian Constitution allowed commercial surrogacy.
2012 – Indian constitution blocked foreign, gay couples, single mothers & fathers from availing of the services of surrogacy.
2016 – A bill was passed to ban commercial surrogacy. No visas for foreigners who intend to go to Indian states or visit the country for surrogacy purposes. Surrogacy is allowed only for those who are Indians, married for at least 5 years and are still together.
2018 – Women who are employees of the Central Government also intend to receive maternity leave in case they have taken the services of surrogacy or have had their kids born through surrogacy. They will have maternity leave as per the regulations of the personnel ministry.
15th July 2019 – Lok Sabha passed Surrogacy Regulation Bill 2019, according to which the intended married couple should have the certificate of essentiality, and the certificate of eligibility with one partner having a valid Indian passport. The woman who is the intended parent should be anywhere between 23 and 50 and the man should be anywhere between 26 and 55 and the surrogate mother should be somewhere between 25 and 35. The surrogate mother possesses the complete choice to withdraw from the process of surrogacy.
25th December 2021 – The surrogacy regulation act 2021 was passed.
Conclusion
(निष्कर्ष)
The Indian government regulates the practices of gestational surrogacy involving the exchange of money to the surrogate mother except for the medical expenses for both the surrogate mother and the newborn who is still in the womb. As per the laws enacted on 28th October 2015, the Supreme Court said that it will prohibit & penalize commercial surrogacy services, will protect the dignity of womanhood, prevent the trafficking of human beings, and the sale of the surrogate child in any way after the child’s birth. Today, the government enacts that there will be only an altruistic kind of surrogacy allowed for Indians only with the regulations to pay medical expenses for the mother & the child.
If you or anyone you know is going through various infertility issues and intends to have an extended family full of children and their screams, we are here to help you. We at Vinsfertility have been associated with numerous doctors across the globe and in different states of India. We serve you with various fertility solutions and let you enjoy healthy living with a healthy baby. You can reach us through missed call at +91 8448879134 or can simply email us at info@vinsfertility.com.
References
https://www.cancer.gov/publications/dictionaries/cancer-terms/def/surrogate-pregnancy
https://timesofindia.indiatimes.com/readersblog/legal-writing/surrogacy-provisions-in-india-35429/
https://en.wikipedia.org/wiki/Surrogacy_in_India
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6195148/
https://wcd.nic.in/sites/default/files/final%20report.pdf
https://femelife.com/surrogacy-india-technology-impasse/
https://www.americansurrogacy.com/parents/surrogacy-in-india
https://nyaaya.org/guest-blog/netflixs-mimi-and-surrogacy-what-does-the-law-say-2/
SURROGACY PROGRAM WITH VINSFERTILITY – 2022
The surrogacy regulation bill puts in place stricter guidelines for couples opting for surrogacy it prohibits commercial surrogacy and allows only ethical altruistic surrogacy that too only to an intending infertile Indian married couple between the age of 23 to 50 years and 26 to 55 years for female and male respectively. The surrogacy regulation bill aims to regulate the practice of surrogacy in the country so as to prevent the exploitation of surrogate mothers and to protect the rights of children born through surrogacy.
For surrogacy to be valid in the country the bill presents a number of conditions:
- Only Indian couples who have been legally married for at least five years would be allowed to opt for surrogacy
- The bill seeks to allow only ethical artistic surrogacy to the intending infertile Indian.
- The married couple between the age of 23 to 50 years for female and 26 to 55 years for men
- It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy.
- The surrogate must be a close relative of the interning couple
- Surrogate must be a married woman having a child of her own
- She should be between the age of 25 to 35 years year of age.
- She should not have been a surrogate earlier and must be certifiably mentally and physically
- A child born out of surrogacy to be the biological child of the intending couples
- The newborn child shall be entitled to all rights and privileges available to a natural child
- Further, the bill also proposes the setting up of a national surrogacy board at the central level and state surrogacy boards and appropriate authorities in
- The state and union territories to ensure effective regulation of surrogacy the bill also seeks to regulate the functioning of surrogacy clinics all surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.
Please refer to the below link for the detailed Gazette/ Notification: https://egazette.nic.in/WriteReadData/2021/232118.pdf
Is Surrogacy Legal In The UK
What is Surrogacy?
Surrogacy refers to the process, in which an embryo formed from the egg and sperm of the intended parents (or by using a donor egg and sperm) is put inside the uterus of another woman known as the surrogate.
A legal agreement is made between the intended parents, the surrogate mother, and the clinic. The surrogate mother agrees to carry the baby for 9 months and then hand it over to the intended parents.
International Surrogacy is becoming common for couples in the UK these days
But what is the legal course of action they would have to follow?
Let’s find out
Surrogacy in the UK
UK citizens opt for International Surrogacy if they are unable to find a surrogate mother in this country. However, the intended parents need to be certain about a couple of things before starting their surrogacy journey. In the case of International Surrogacy, intended parents have to fully understand the Surrogacy laws of both countries and the legal procedure to bring their child back to the UK.
Surrogacy Agreement
Surrogacy Agreement is an agreement between all the respective parties involved in the Surrogacy process i.e. the intended parents, the surrogate, and the doctor. This document states the rights and obligations the parties have towards each other. It basically states that after the birth of the child, the surrogate mother will have no legal custody of the child and will hand it over to its intended parents. The document also includes the terms of the entire surrogacy process and costs. The Surrogacy Agreement should be drafted with utmost sincerity as it reduces the chances of disagreement in the future.
If you want to opt for surrogacy in the UK, this surrogacy agreement is not legally binding upon any of the parties. However, if a dispute arises, this agreement can be used to show the initial intention and understanding between all the parties.
Parental Orders
In some countries, the surrogate mother’s name might not appear on the birth certificate but that’s not the case under UK law. According to which, the surrogate mother will be the legal parent of the child until a Parental Order has been finalized.
To become the legal parents of the baby, the intended parents need to file a Parental Order application to the court. This Parental Order will extinguish the surrogate mother’s rights over the child and transfer them to you, thus making you the legal parents. However, this application cannot be filed before the child is born.
When can the Intended Parents file for a Parental Order?
There are some conditions, which need to be fulfilled before filing for a Parental Order. They are-
- At least one of the intended parents should be more than 18 years of age.
- The child must be biologically related to at least one of the intended parents (by donating the egg or the sperm for conception)
- If the intended parent is single, he must be biologically related to the child.
- The child must be conceived through ART i.e Assisted Reproductive Technology. The child is to be born via artificial Insemination rather than sexual intercourse.
- The application must be filed in court within 6 months of the birth of the child.
- Single intended parent or in the case of a couple, at least one intended parent should be a permanent resident of the UK.
- The surrogate (and her partner, if married) must give their consent with a full understanding. This consent cannot be given until the child is six weeks old.
- At the time of application, the child must be living with the intended parents.
Adoption
If neither of the parents is biologically related to the child then adoption is their only option. In adoption, the rights of the non-biological parents to the child are permanently established. It is advised to get a second-parent adoption. Because Parental Orders are not recognized everywhere, whereas adoption is accepted worldwide.
British Citizenship
To ensure that the child gets British Nationality, the surrogate mother should be unmarried and one of the intended parents must be a permanent resident of the UK and must be biologically related to the child so that they can pass on their British Nationality to the child. In such cases, the intended parents only have to apply for a passport.
What if the surrogate is married?
If the surrogate is married, the child will not be automatically British. In such a case, the intended parents need to put up an application at the discretion of the Home Secretary, to register the child as a British citizen, this can be a lengthy process and lead to further delay in taking the child back to the UK.
If the parents are living in the UK but are not British, or neither of them is biologically related to the child, they can apply for a non-British passport for the child, then apply for a visa for it to come to the UK, and apply for a Parental Order there. It is very important to keep in mind that if the child is not granted a passport from its birth country, then the application for a visa to travel back to the UK is not possible.
Need for a Surrogacy Lawyer
A surrogacy lawyer is one who will guide you throughout the surrogacy process. Their duty is to safeguard the parental rights of the intended parents when they choose Surrogacy as the Assisted Reproductive Technology to welcome a child into their family. The Lawyer ensures that the Surrogacy process is carried out smoothly without any legal troubles. Having a Surrogacy Lawyer gives a sense of security and peace of mind, as they are well informed in all the laws in regards to ART- Surrogacy. They predict unforeseen risks and liabilities and also hold the parties accountable to legal standards.
For LGBT Couples
UK law supports LGBT parents having a baby through surrogacy just like it does for different-sex couples. Out of all the countries where surrogacy is allowed, the most preferred is USA and Canada, as here in the case of Gay or Lesbian couples, both the partners can be named on the birth certificate of the child. But even after this, UK law does not recognize you as the parents, to correct this, you need to follow a legal procedure and get the Parental Order. To make the process possible, the child must be biologically related to at least one of the parents.
Vinsfertility has been helping gay and trans individuals, and couples in becoming parents for the past decade. Our strategic programs and partnerships have helped in making gay surrogacy possible. We have a special team of lawyers who handle legal procedures for LGBT couples or single parents. It is our duty to ensure that you face no problem in obtaining the Parental Order and taking the baby back home.
Lawyers at Vinsfertility are pioneers in the legal field relating to Surrogacy. We have represented and assisted many citizens who are living in the UK and want to get Surrogacy done in other countries. We make sure that British couples are granted permission for surrogacy without any hassle. Our lawyers make legal documents in accordance with the guidelines stated under the country’s law and also see to it that these legal documents are made with the consent of all the parties involved.
Legal Assistance provided by Vinsfertility for Surrogacy for UK citizens
For a very long time, International Surrogacy has been the choice for couples living in the UK. Apart from providing surrogacy and other fertility services, Vinsfertility also provides Surrogacy Lawyers for UK citizens in various countries.
If you plan for International Surrogacy in any country where surrogacy is legal then taking your child back home is the biggest and most worrisome task. Vinsfertility handles the entire legal procedure for you- from beginning to end, including all the notary processes involved. It is our duty to ensure that your child will go back to the UK along with you.
Common questions about surrogacy in the UK.
If you are considering opting for surrogacy, trying to understand surrogacy, or are on a journey to parenthood via surrogacy, it is obvious to have some questions. Vinsfertility has vast experience in helping thousands of intended parents complete their journey to parenthood. We have managed many surrogates and intended parents and are here to answer all your questions.
What is the difference between traditional surrogacy and gestational surrogacy?
In gestational surrogacy, the surrogate who carries the baby for intended parents does not share any DNA with the child, i.e. are eggs are not used to make the embryo, transferred to her uterus. Hence, gestational surrogacy is the one most practiced today. Opposite to it, in traditional surrogacy, the surrogate’s own egg is used for making the embryo, thus connecting her genetically with the baby she is caring for the intended parents. Vinsfertility does not arrange traditional surrogacy.
Do I need to work with a surrogacy agency?
It is not necessary for intended parents and surrogates to work with an agency to complete their surrogacy, doing it on their own is known as an independent agency. We understand that surrogacy can be a bit complex, hence we recommend both the parties i.e. intended parents and the surrogate to work with an agency. It ensures that both parties will receive the support and care they need while they are on this journey. The agency will manage the details so that the intended parents can focus on other details, like welcoming their baby.
Why should I choose Vinsfertility?
They are a plethora of reasons, why intended parents should choose Vinsfertility! With the experience of nearly a decade, we have helped in bringing thousands of babies into this world. Given below are the top reasons why you should choose Vinsfertility:
- 99.9% success rate
- We are a ‘one-stop’ agency, i.e. we handle everything from egg donation to taking your baby home.
- We have the most comprehensive screening process for surrogates.
How does a surrogate woman (gestational carrier) get pregnant?
A surrogate or gestational carrier gets pregnant when an embryo is transferred inside her uterus by an IVF doctor. To make this possible, she is given medication prior to prepare her body for pregnancy.
Can I speak with the surrogate or intended parents from your program?
Yes! It will be our delight to connect you with surrogates and intended parents.
