Know All About Surrogacy: A Comprehensive Guide

Surrogacy has emerged as a significant option for individuals and couples who are unable to conceive naturally, offering hope for those struggling with infertility. It involves a woman carrying and giving birth to a child on behalf of another person or couple. This guide will help you understand key aspects of surrogacy, focusing on who benefits from surrogacy, whose sperm is used, who chooses surrogacy, age limits, and the new surrogacy law in India.

Who Benefits from Surrogacy?

Surrogacy is beneficial for individuals and couples facing various fertility challenges. It is often chosen by:

• Infertile Couples: Couples who cannot conceive due to medical issues, such as blocked fallopian tubes, uterine abnormalities, or repeated IVF failures, benefit from surrogacy.
• Same-Sex Couples: Surrogacy provides an option for gay couples who wish to have biological children.
• Single Parents: Single men and women who desire to have biological children may opt for surrogacy.
• Women with Health Conditions: Women with medical conditions that make pregnancy risky or impossible may also turn to surrogacy to build their families.

Whose Sperm is Used in Surrogacy?

The sperm used in surrogacy can come from:

• Intended Father: In most cases, the intended father's sperm is used to fertilize the egg, ensuring a genetic connection to the child.
• Donor Sperm: If the intended father has a fertility issue, or in the case of a single woman or a same-sex female couple, sperm from a donor may be used. Sperm donation can be done anonymously or through a known donor.
• Combined Sperm Donation: Some couples may use donor eggs or sperm depending on their reproductive health condition, but the intended parents typically play a role in the decision.

Who Chooses Surrogacy?

Surrogacy is chosen by various groups of people who cannot have children naturally. This includes:

• Couples with Infertility Issues: Couples struggling with infertility due to medical reasons such as uterine issues or repeated miscarriages often choose surrogacy as a solution.
• LGBTQ+ Couples: Same-sex male couples choose surrogacy to have a genetically related child.
• Single Individuals: Both single men and women who wish to become parents may opt for surrogacy to have their biological child.

What is the Age Limit for Surrogacy?

The surrogacy process in India has specific age limits under the new law:

• Surrogate Mother: The surrogate mother must be between 25 and 35 years old. She must also have at least one healthy child of her own and should not have been a surrogate more than once.
• Intended Parents: The intended parents should typically be aged between 23 to 50 years for women and 26 to 55 years for men. However, these age limits may vary depending on specific fertility clinics and cases.

What is the New Law of Surrogacy in India?

India introduced the Surrogacy (Regulation) Act, 2021. The new law emphasizes ethical practices and ensures the protection of the surrogate mother and child. Some of the major provisions include:

1.    Altruistic Surrogacy Only: Under the new law, only altruistic surrogacy is permitted, which means the surrogate mother cannot be paid or compensated beyond medical expenses and insurance. This eliminates the practice of commercial surrogacy that was common in the past.

2.    Eligibility Criteria: Surrogacy is allowed only for Indian couples who are legally married for at least five years and unable to conceive naturally. They must provide a valid medical certificate to prove infertility. Same-sex couples, live-in partners, and single individuals are not eligible for surrogacy under the current law.

3.    Surrogate’s Rights and Protection: The law protects the rights of surrogate mothers by ensuring they are well cared for during the pregnancy. The surrogate mother must be a close relative of the intended parents, have previously given birth to a healthy child, and must be between 25 and 35 years of age.

4.    Ban on Commercial Surrogacy: Commercial surrogacy, which involved financial payment beyond medical and insurance expenses, is now banned in India. The focus is on ensuring that surrogacy is a process motivated by goodwill rather than profit.

5.    Surrogacy Board: A national and state-level surrogacy board has been established to oversee and regulate surrogacy practices across the country.

Conclusion

Surrogacy is a remarkable option for couples and individuals who wish to become parents but face challenges with natural conception. The new surrogacy law in India emphasizes ethical practices and ensures the safety of both the surrogate mother and the child. While the restrictions may seem stringent, the law aims to protect vulnerable women from exploitation and regulate the surrogacy industry effectively.

For those considering surrogacy, it is important to consult a best surrogacy centre in Delhi or a reputable fertility clinic to ensure that the process is conducted legally and ethically, in compliance with the latest regulations.