Surrogacy in India 2023-2024: Process, Types, and Law in India

If you've ever wondered about surrogacy, you're in the right place. Today, we're breaking down surrogacy. Let's keep surrogacy simple and easy to understand!

It is a special path to parenthood. It involves another woman, a "surrogate," carrying a baby for someone who can't have one on their own.

Surrogacy is a loving option for those who need help to have a baby. It's a path that brings joy and creates families. It's important to understand and respect the process, the surrogate, and the intended parents' feelings and rights.

Table of Content

• What is Surrogacy
• Types of Surrogacy
• Understanding the Surrogacy Process
• The New Surrogacy Law in India 2023
• Five Best Surrogacy Centres in Delhi
• Frequently Asked Questions

What is Surrogacy

The first thing you need to know is what surrogacy is. Simply put, surrogacy is a process. It's a special journey where a woman, known as a surrogate, carries a baby for someone who can't have a child on their own. It's a route that creates families and brings happiness. It is a compassionate alternative for those facing infertility, medical conditions, or other circumstances that prevent them from experiencing biological parenthood.

Surrogacy is a journey that requires trust, respect, and understanding. It's a unique way to create a family. It requires legal agreements to ensure everyone's rights and responsibilities. Plus, it's a journey filled with emotions, and it's all about creating a new, joyful life.

Types of Surrogacy

There are 2 main types of surrogacy:  one is traditional surrogacy and the second is gestational surrogacy.

Traditional surrogacy: In this case, the surrogate also becomes the biological mother. This happens because her egg is used to create the baby. Doctors use a method called artificial insemination. They inject the intended father's sperm or a sperm donor's into the surrogate. Her egg gets fertilized, and she becomes pregnant.

Gestational surrogacy: In this type, things are different. The surrogate isn't the baby's biological mother. This is because doctors create an embryo in a lab. They use a process known as in vitro fertilization or IVF. The egg used can be from the intended mother or an egg donor. The sperm can be from the intended father or a sperm donor. The doctors then transfer this lab-created embryo into the surrogate's womb. So, she becomes pregnant but doesn't share her genes with the baby.

The differences between Gestational vs. Traditional Surrogacy lie in the genetic connection: Gestational surrogacy involves no genetic link, while Traditional surrogacy entails a biological connection between the surrogate and the child.
In both types, the surrogate carries the baby till birth. After birth, the baby goes to the intended parents. So, these are the two main types of surrogacy. Both paths are unique and need understanding, trust, and respect. And remember, both are about the joy of creating a new life.

Understanding the Surrogacy Process

Surrogacy is a special process. It helps people who can't have a baby on their own. Here's how it works, broken down into simple steps.

Step 1. Decide on Surrogacy: First, the intended parents decide they want to pursue surrogacy. They might choose this for many reasons. Some can't have a baby due to medical issues. Others might be single or part of a same-sex couple.
Step 2. Choose a Surrogate: Next, they choose a surrogate. She is a woman who agrees to carry and give birth to the baby. The surrogate might be someone the parents know, or she could be found through a surrogacy agency.
Step 3. Legal Agreements: Then, they sign legal agreements. These protect the rights of everyone involved. The parents, the surrogate, and the baby all need protection.
Step 4. Medical Process: Now comes the medical process. If it's traditional surrogacy, doctors use artificial insemination. The surrogate's egg gets fertilized with sperm from the intended father or a donor. But if it's gestational surrogacy, doctors create an embryo in a lab through IVF. This embryo is then transferred into the surrogate's womb.
Step 5. Pregnancy and Birth: The surrogate carries the baby to term. She goes to all the necessary medical check-ups. When the time comes, she gives birth to the baby.
Step 6. Baby Goes Home: After birth, the baby goes home with the intended parents. They become the legal parents of the baby. The surrogate's role in the process is now complete.

The New Surrogacy Law in India 2023

The most significant change in the 2023 surrogacy law is the comprehensive legislation that supersedes the prior legal framework. Under this new law, surrogacy is now explicitly legal, albeit with stringent conditions and regulations designed to ensure the protection of the rights and well-being of all stakeholders.

1. Eligibility Criteria: Who Can Opt for Surrogacy?
The new surrogacy law in India 2023 lays down specific eligibility criteria for intended parents. To be eligible for surrogacy, proceeding mother and father must:

1. Hold Indian citizenship.
2. Have been married for at least 5 years.
3. Fall within the age range of 23 to 50 years for the female partner and 26 to 55 years for the male partner.

These criteria are set to ensure that only those who are genuinely committed to parenthood can pursue surrogacy in India.

2. Promoting Altruistic Surrogacy
One of the key provisions of the new law is the promotion of altruistic surrogacy. This means that surrogate mothers are not permitted to receive any monetary compensation beyond reimbursement for their medical expenses and insurance coverage. The aim is to discourage the commercial exploitation of surrogate mothers, emphasizing the altruistic nature of this life-altering decision.

3. Close Relatives as Surrogates
The law introduces the provision of allowing close relatives of the intending couple to act as surrogates. However, even in this case, the surrogate must meet all the required medical and eligibility standards. This provision facilitates the participation of close family members in the surrogacy process, ensuring a support system for the intending parents.

4. Emphasis on Legal Protection
To safeguard the interests of all parties involved, the new surrogacy law places a significant emphasis on the need for a legally binding agreement. This agreement, signed between the intending parents and the surrogate mother, explicitly outlines the rights, responsibilities, and financial obligations of both parties. This ensures that all aspects of the surrogacy arrangement are well-defined, providing legal protection and clarity to all stakeholders.

5. Establishment of a National Surrogacy Board
The new law paves the way for the establishment of a National Surrogacy Board, which will serve as the overseeing body responsible for monitoring the entire surrogacy process. This board will ensure the faithful implementation of the law and address any disputes or concerns that may arise during the course of a surrogacy arrangement. The introduction of this governing body brings much-needed oversight and regulation to the surrogacy process.

6. A Grace Period for Transition
To ensure a smooth transition from the previous legal framework, the new surrogacy law provides a grace period during which existing surrogacy arrangements can be completed under the prior legislation. However, it's important to note that any new surrogacy arrangements must strictly adhere to the provisions outlined in the new law.
The surrogacy law in India 2023 marks a significant milestone in the world of reproductive assistance. By introducing comprehensive changes, it seeks to ensure that surrogacy remains a viable option for those who genuinely need it while also protecting the rights of surrogate mothers and the best interests of the child. This new legal framework not only reaffirms India's commitment to ethical surrogacy practices but also provides much-needed clarity and regulation in this complex field.

Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10199460/ 

Five Best Surrogacy Centres in India

Looking for the best surrogacy center in India? You're in the right place. Here are the top five centers in Delhi that are trusted for their surrogacy services.

Vinsfertility

• Address: 3rd Floor, WZ-20, Nangli Jalib, Janakpuri East, New Delhi, Delhi 110058
• Directions: Google Map
• IVF Doctors: Dr Geetanjali Gariema
• Surrogacy Cost: Rs. 1,080,000 to Rs. 1,760,000
• Legal Charges: 2 lakh ( In 2023, under the governance of India, the legal charges have been updated to 2 LAKH Rupees. Additionally, birth certificates will now be exclusively issued by the Court )
• Egg Donor Cost: 60,000 to 1,50,000 (Depending on the  Egg quality)
• Egg Donor Insurance Cost: 3,000 to 5,000
• Surrogate Mother Insurance Cost: 5,000 to 10,000
• Baby DNA Report: 15000 ( it happens after baby delivery )
• Investigation Test Cost: 10,000 ( It aids in the assessment of medical conditions to determine the suitability for either a self-egg or donor-egg surrogacy program )
• Services Offered: IVF, IUI, ICSI, Surrogacy, Infertility Treatments, etc.
• Reviews & Rating: 4.3 – 72 Google reviews
• Fertility Success Rate: 70%
• Book Free Appointment: +91 9643264509
• Website: https://www.vinsfertility.com

First up is Vinsfertility. Vinsfertility is a well-known name in the world of fertility and assisted reproductive technology. With a strong commitment to helping individuals and couples overcome infertility issues, Vinsfertility provides a range of services, including IVF, IUI (Intrauterine Insemination), and surrogacy. They are recognized for their state-of-the-art technology, experienced medical staff, and personalized approach to fertility treatment.

Gaudium IVF Clinic

• Address: A-41, Chander Nagar Janakpuri West Near Janakpuri West Metro Station, New Delhi, Delhi 110058
• Directions: Google Map
• Surrogacy Doctors: Dr. Meetu Bhushan (M.S) Gynaecologist, Dr. Manika Khanna (M.B.B.S., M.D., D.A.G.E. (Germany)), etc
• In Vitro Fertilisation (IVF) Cost: Rs. 114,000 to Rs. 253,000
• Intrauterine insemination (IUI) Cost:  Rs. 6,000 to Rs. 44,000
• Surrogacy Cost: Rs. 1,080,000 to Rs. 1,760,000
• Surrogate Mother Cost: Rs. 2,00,000 to Rs. 5,00,000
• Legal Charges: 2 lakh ( In 2023, under the governance of India, the legal charges have been updated to 2 LAKH Rupees. Additionally, birth certificates will now be exclusively issued by the Court )
• Egg Donor Cost: 60,000 to 1,50,000 (Depending on the  Egg quality)
• Egg Donor Insurance Cost: 3,000 to 5,000
• Surrogate Mother Insurance Cost: 5,000 to 10,000
• Baby DNA Report: 15000 ( it happens after baby delivery )
• Investigation Test Cost: 10,000 ( It aids in the assessment of medical conditions to determine the suitability for either a self-egg or donor-egg surrogacy program )
• Services Offered: IVF, IUI, ICSI, Surrogacy, Infertility Treatments, etc.
• Reviews & Rating: 4.6 – 168 Google reviews
• Fertility Success Rate: 70%
• Book Free Appointment: +91 9643264509
• Website: https://www.gaudiumivfcentre.com/janakpuri-centre

Next on the list, Gaudium IVF Clinic is a reputable center with a focus on providing comprehensive and compassionate care to those struggling with infertility. They have a team of highly skilled fertility specialists and embryologists who utilize cutting-edge techniques and equipment to increase the chances of successful IVF procedures. Gaudium IVF Clinic is known for its high success rates and commitment to patient well-being.

Akanksha IVF Centre

• Address: IVF Specialist Dr K.D. Nayar Room No 711, Mata Chanan Devi Hospital, C-1 Block, Janakpuri, New Delhi, Delhi 110058
• Directions: Google Map
• IVF Doctors: Dr K.D Nayar (IVF Specialist)
• In Vitro Fertilisation (IVF) Cost: Rs. 130,000
• Intrauterine insemination (IUI) Cost: Rs. 21,000
• Surrogacy Cost: Rs. 1,500,000
• Legal Charges: 2 lakh ( In 2023, under the governance of India, the legal charges have been updated to 2 LAKH Rupees. Additionally, birth certificates will now be exclusively issued by the Court )
• Egg Donor Cost: 60,000 to 1,50,000 (Depending on the  Egg quality)
• Egg Donor Insurance Cost: 3,000 to 5,000
• Surrogate Mother Insurance Cost: 5,000 to 10,000
• Baby DNA Report: 15000 ( it happens after baby delivery )
• Investigation Test Cost: 10,000 ( It aids in the assessment of medical conditions to determine the suitability for either a self-egg or donor-egg surrogacy program )
• Services Offered: IVF, IUI, ICSI, Surrogacy, etc.
• Reviews & Rating: 4.5 – 74 Google reviews
• Fertility Success Rate: 78%
• Book Free Appointment: +91 9643264509
• Website: https://www.akankshaivfcentre.com/

Akanksha IVF Centre is a center of excellence in assisted reproductive technology. Their team of dedicated professionals is known for their personalized approach to fertility treatments, offering services such as IVF, ICSI (Intracytoplasmic Sperm Injection), and surrogacy. Akanksha IVF Centre has a reputation for providing a supportive and caring environment for patients throughout their fertility journey.

Delhi IVF & Fertility Centre

• Address: 23, Todar Mal Lane, Bengali Market, Opposite Nathu Sweets, Near Mandi House metro station, New Delhi, Delhi 110001
• Directions: Google Map
• Surrogacy Doctors: Dr Anoop Gupta (Director & Infertility Specialist), Dr Aastha Gupta (Infertility Specialist, Obs & Gynae (Gold Medalist)), etc
• In Vitro Fertilisation (IVF) Cost: Rs. 114,000 to Rs. 253,000
• Intrauterine insemination (IUI) Cost:  Rs. 6,000 to Rs. 44,000
• Surrogacy Cost: Rs. 1,080,000 to Rs. 1,760,000
• Surrogate Mother Cost: Rs. 2,00,000 to Rs. 5,00,000
• Legal Charges: 2 lacks ( In 2023, under the governance of India, the legal charges have been updated to 2 LAKH Rupees. Additionally, birth certificates will now be exclusively issued by the Court )
• Egg Donor Cost: 60,000 to 1,50,000 (Depending on the  Egg quality)
• Egg Donor Insurance Cost: 3,000 to 5,000
• Surrogate Mother Insurance Cost: 5,000 to 10,000
• Baby DNA Report: 15000 ( it happens after baby delivery )
• Investigation Test Cost: 10,000 ( It aids in the assessment of medical conditions to determine the suitability for either a self-egg or donor-egg surrogacy program )
• Services Offered: IVF, IUI, ICSI, Surrogacy, Infertility Treatments, etc.
• Reviews & Rating: 4.5 – 324 Google reviews
• Fertility Success Rate: 70%
• Book Free Appointment: +91 9643264509
• Website: https://www.delhi-ivf.com/

Delhi IVF & Fertility Centre is a well-established name in the field of infertility treatment in India. Led by renowned fertility specialist Dr. Anoop Gupta, the center offers a wide range of services, including IVF, IUI, surrogacy, and male infertility treatments. With a strong focus on research and innovation, they strive to provide the most advanced and effective treatments to their patients.

Elixir Fertility Centre

• Address: #5, Vardhaman Royal Plaza, LSC Gujranwala Town 1, New Delhi, Delhi 110009
• Directions: Google Map
• Surrogacy Doctors: Dr. Puneet Kochhar (Gynaecologist & IVF Specialist)
• In Vitro Fertilisation (IVF) Cost: Rs. 130,000
• Intrauterine insemination (IUI) Cost: Rs. 21,000
• Surrogacy Cost: Rs. 1,500,000
• Surrogate Mother Cost: Rs. 2,00,000 to Rs. 5,00,000
• Legal Charges: 2 lakh ( In 2023, under the governance of India, the legal charges have been updated to 2 LAKH Rupees. Additionally, birth certificates will now be exclusively issued by the Court )
• Egg Donor Cost: 60,000 to 1,50,000 (Depending on the  Egg quality)
• Egg Donor Insurance Cost: 3,000 to 5,000
• Surrogate Mother Insurance Cost: 5,000 to 10,000
• Baby DNA Report: 15000 ( it happens after baby delivery )
• Investigation Test Cost: 10,000 ( It aids in the assessment of medical conditions to determine the suitability for either a self-egg or donor-egg surrogacy program )
• Services Offered: IVF, IUI, ICSI, Surrogacy, etc.
• Reviews & Rating: 4.5 – 53 Google reviews
• Fertility Success Rate: 78%
• Book Free Appointment: +91 9643264509
• Website: https://www.elixirfertility.com/

Elixir Fertility Centre is known for its commitment to providing high-quality fertility services to individuals and couples. They offer a comprehensive range of assisted reproductive technologies, including IVF, ICSI, and surrogacy. The center is known for its experienced team of doctors and embryologists, as well as its patient-centered approach, ensuring that each patient receives personalized care and support.

As you know, choosing a surrogacy center is a big decision. You should take your time to research centers and consider all your options. All these centers offer top-notch services, so you can feel confident that you're in good hands. Delhi offers some of the best surrogacy centres, making your journey to parenthood a joyous and exciting one.

In conclusion, surrogacy is a remarkable option for individuals and couples who are unable to have a baby on their own. It is a journey filled with hope, love, and the desire to create a family. By choosing surrogacy, they embark on a path that leads to the fulfillment of their dreams.

Frequently Asked Questions (Surrogacy)

Q: What is the process of surrogacy?
A: A couple who wants to conceive a baby but can not have one naturally picks a woman called a surrogate. This is often done through an agency. Then, doctors create an embryo using the egg from the intended mother or a donor, and the sperm from the intended father or a donor. This step is called IVF, or in-vitro fertilization. The doctors then put the embryo into the surrogate's womb. She carries the baby until birth. After the baby is born, the surrogate gives the baby to the intended parents.

Q: What is the age limit for surrogacy in India?
A: In India, a woman can become a surrogate mother if she's between 23 and 50 years old. Also, a man or woman can use a surrogate if they're between 23 and 55 years old. These are the age limits set by law. So, no matter whether you want to be a surrogate, or you want to use one, you should be in this age range.

Q: Can an unmarried girl become a surrogate?
A: Yes, an unmarried girl can become a surrogate in India. However, there are conditions. A girl who wants to become a surrogate must be between 25 and 35 years old. Also, she must have a child of her own. This child must be at least 3 years old. This is to show she can bear a child safely. Furthermore, she can't have more than one surrogate pregnancy in her life.

Q: How successful is surrogacy in India?
A: Surrogacy in India has found significant success. It is a popular choice for many. The success rate is high. This is thanks to skilled doctors, advanced technology, and welcoming laws.

Q: Who is eligible for surrogacy?
A: To be eligible for surrogacy, you need to meet certain requirements. First, you might be a couple who can't have a baby due to medical reasons. Second, you might be a single person wanting to become a parent. Sometimes, you could be same-sex couples looking to start a family. Lastly, age matters too, with most places expecting you to be at least 21.

Q: Is surrogacy pregnancy risky?
A: Yes, surrogacy pregnancy can have risks. Both the surrogate mother and the baby could face health issues. The surrogate may face typical pregnancy problems, like high blood pressure or diabetes. She might also experience emotional distress. For the baby, there's a slight risk of being born early, which can lead to health issues. But, with good medical care, these risks can be managed well. Surrogacy is often a safe way to have a baby. Still, it's important to fully understand all the risks before going ahead.

Q: Is surrogacy legal in India in 2023?
A: Yes, as of 2023, surrogacy is legal in India. But, it's strictly regulated. The government has set rules to protect both the surrogate mother and the intending parents. So, if you're thinking about surrogacy, it's important to understand these laws. Surrogacy isn't a simple process, but it's possible in India.

Q: Can the baby look like a surrogate?
A: No, a baby won't look like a surrogate. Usually, the surrogate just carries the baby. The baby's genes come from the biological parents. So, it looks like them. In most cases, the surrogate is not related to the baby. So, the baby won't share her physical traits. It's like this: the surrogate is like a garden where a seed (embryo) grows, but she doesn't give the seed its shape or colour. That's all from the biological parents.

Q: Is the surrogate mother the real mother of the child?
A: No, the surrogate mother isn't the child's real mother. She simply carries the baby for someone else. Usually, it's the egg from the intended mother or a donor that's fertilized. So, the baby isn't biologically related to the surrogate. After the baby's birth, it's the intended parents who raise the child. Hence, they are the real parents.

Q: Are surrogate babies healthy?
A: Yes, surrogate babies are usually healthy. Just like any other baby, their health depends on various factors. This includes the health of the egg and sperm donors and the surrogate mother's health. Proper prenatal care is also vital. Remember, each case is unique. So, it's important to stay in close contact with healthcare providers. Overall, many surrogate babies grow up to be perfectly healthy children and adults.