Yes, in gestational surrogacy means the baby is 100% genetically yours (or your partner’s), as the embryo is created using your eggs and sperm (or donor’s, if needed) and is only carried by the surrogate.
The surrogate has no biological link to the baby she’s just helping by safely carrying the pregnancy. That’s why it’s also called gestational carrier surrogacy.
This method is legally recognized and safe, especially when done through licensed clinics under the Surrogacy (Regulation) Act, 2021 in India, which ensures ethical and secure processes for intended parents.
So yes, if your egg and sperm (or donor’s) are used, the baby is 100% yours genetically and legally. Official Govt. Law Surrogacy (Regulation) Act, 2021 (PDF)
In gestational surrogacy, the baby is 100% genetically related to the intended parents if their own egg and sperm are used, as the Surrogacy (Regulation) Act, 2021 only permits this type in India. The surrogate mother has no genetic link to the child; she only carries the pregnancy. All procedures must be done in clinics registered under the National ART & Surrogacy Portal to ensure legal validity.
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02 August 2025