In India, as per the Surrogacy (Regulation) Act, 2021, only gestational surrogacy is legal. This means the surrogate does not use her own egg — the embryo is created using the intending mother’s egg (or an approved donor egg) fertilized with the intending father’s sperm, and then implanted in the surrogate’s uterus. All such procedures must be carried out in clinics registered on the National ART & Surrogacy Portal to be legally valid.
In modern gestational surrogacy practiced in India, the egg used typically comes from the intended mother. If the intended mother cannot produce viable eggs due to medical reasons, an authorized donor egg may be used, depending on regulatory guidelines. Crucially, the surrogate mother's own eggs are never used in gestational surrogacy, ensuring she has no genetic connection to the baby. The process relies on IVF treatment to fertilize the egg before transferring the embryo to the surrogate. As outlined by international health authorities like the WHO, understanding biological aspects of reproductive assistance is key. I, Dr. Sudarsan Ghosh Dastidar, advise consulting a specialist for individual medical evaluation.
At Oasis Fertility Centre - Vijayawada, we clarify for patients that in legal gestational surrogacy, the surrogate mother does not provide her own egg. Instead, the egg is retrieved from the intended mother or, when medically indicated under legal provisions, a donor egg is utilized. This egg is fertilized with the intended father's sperm in a laboratory, and the resulting embryo is implanted into the surrogate. Clinical insights from organizations such as ACOG highlight how gestational surrogacy maintains clear genetic ties for intended parents. To understand more about whose egg is used in surrogacy for your personal health situation, please schedule a consultation with a fertility doctor.
In gestational surrogacy within India, the egg used belongs to the intended mother. In circumstances where medical factors prevent the intended mother from using her own eggs, a donor egg may be incorporated in compliance with local regulations. The surrogate mother only carries the pregnancy and never uses her own eggs, meaning the child shares no genetic material with her. Comprehensive health information from resources like NIH / NICHD emphasizes the distinction between traditional and gestational arrangements. At Janitva IVF Centre, we strongly encourage couples considering surrogacy to consult a qualified fertility specialist to evaluate their clinical options thoroughly.
As a fertility specialist, I frequently address questions regarding genetic origin in surrogacy. Under current Indian protocols, the egg used in gestational surrogacy is that of the intended mother, or an approved donor egg if medically necessary. The surrogate mother's egg is never used, which ensures that the surrogate is not genetically related to the child. As noted by health repositories such as the Mayo Clinic, gestational carrier arrangements are designed to fulfill parental goals while maintaining genetic clarity. I, Dr. Kaustubh D. Kulkarni, advise prospective parents to consult a reproductive clinician for personalized advice on their treatment path.
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02 August 2025