Surrogacy in India is an attractive option for childless couples; who want to have a professional approach with their surrogate, but also have the benefit of excellent healthcare. Surrogates in India have no parental rights while handing over a child to the intended parents. Surrogacy in India costs US$25,000 to US$35,000
The legal aspects surrounding surrogacy are complex, diverse and mostly unsettled. . India is one country , which recognize the Intended/ Commissioning Parent/s as the legal parents. Many states now issue pre-birth orders through the courts placing the name(s) of the intended parent(s) on the birth certificate from the start. In others the possibility of surrogacy is either not recognized (all contracts specifying different legal parents are void), or is prohibited.
“Surrogacy Agreement” is an agreement between the intended parent and the Surrogate, which expresses their necessity and complete desire to opt for Assisted Reproductive Technique of Surrogacy, whereby the surrogate shall bear and gestate the embryo of the Intended Parents. Since there is no specific law with regard to Surrogacy or Assisted Reproductive Technique in India, ‘Surrogacy agreement’ is the only foundation which governs the parties to Surrogacy.
Therefore the Intended Parents are required to devote attention to have a perfect agreement in place, so that the surrogacy agreement is not held void or voidable in the court of law. As in every agreement, each party to a surrogacy agreement should express his/her purpose and situations, the need for surrogacy, free will of the surrogate, details about the surrogate and the terms on which the surrogate agrees to gestate the child etc.
Surrogacy is an arrangement between a woman and a couple or individual to carry and deliver a baby. It is a process that is not legal in all states. The surrogate mother is also known as a gestational carrier. Women or couples who choose surrogacy often do so because they are unable to conceive due to a missing or abnormal uterus, have experienced multiple pregnancy losses, or have had multiple IVF attempts that have failed. The advantage of gestational surrogacy to the parents is that the embryo is created from the woman’s egg and the man’s sperm, so it is biologically theirs. The surrogacy arrangement is sometimes made through an agency and other times contracted privately. When searching for a surrogate mother, a couple might use the Internet, contact an agency, or network through friends and family. Surrogacy arrangements are sometimes made between strangers who never meet, even those who are family members or friends before entering a surrogacy arrangement.
Who Uses Surrogates?
A woman might decide to use a surrogate for several reasons:
• She may have medical problems with her uterus.
• She may have had a hysterectomy that removed her uterus.
• There may be conditions that make pregnancy impossible or medically risky, such as severe heart disease.
Other women choose surrogacy after trying unsuccessfully to get pregnant with a variety of assisted-reproduction techniques (ART), such as IVF. Surrogates have also made parenthood an option for people who might not be able to adopt a child. Reasons could include:
• Their age
• Their marital status
• Their sexual orientation
For example, when gay men use a surrogate, one of them uses his sperm to fertilize the surrogate's egg through artificial insemination. The surrogate then carries the baby and gives birth. A gay couple might also choose an egg donor, fertilize that donated egg, and have the resulting embryo implanted in a gestational surrogate to carry until birth.
Choosing a Surrogate
Currently, there are no such regulations that state who is qualified to be a surrogate. But experts agree on a few criteria for selecting a surrogate mothers at least 21 years old.
• Has already given birth to at least one healthy baby so she understands first-hand the medical risks of pregnancy and childbirth
• Has passed a psychological screening by a mental health professional to uncover any issues with giving up the baby after birth.
• Willingly signs a contract agreeing to her role and responsibilities in the pregnancy, such as steps she'll take to ensure prenatal care and to relinquish the baby after birth.
10 Steps of the Surrogacy Process
1. Initial Consultation : You’ll meet with our staff by phone, email, Skype or in person and know about the programs and options available, the detailed process of matching with a surrogate, the legal process, insurance issues, financial implications, and basic medical information. Prior to your consultation, you’ll complete a basic questionnaire and submit photographs that assist the agency in tailoring the information to meet your needs.
2. Officially Becoming an Intended Parent : To join a surrogacy program, you’ll sign a contract. we call this the Agreement for Services. Following that, you are asked to transmit a portion of the fees. Next, you are introduced to a program coordinator who will guide you through every phase of your surrogacy.
3. Screening and Selection Process for an Egg Donor : Egg donors are young, healthy women between the ages of 21 and 29 who live in city. You can browse our egg donor list online, or your program coordinator can help you to complete an egg donor request form and send you egg donor profiles that match your preferences. Some intended parents choose to bring their own egg donors, who might be family members or friends.
4. Screening and Selection Process for a Surrogate : Surrogates are generally 21-41 years old. When we have completed the screening process for a surrogate who we think will be a good match based on your preferences and legal needs, we facilitate introductions between the intended parents and the surrogate. This is initially done through profiles, and then by phone, email, Skype before you meet in person.
5. Medical Screening : Prior to engaging in the actual process of IVF, all parties (you, the egg donor and your surrogate) will complete medical screening as directed by the reproductive endocrinologist facilitating the process.
6. Legal Agreements : To ensure clarity and legal appropriateness, the egg donor and surrogate are assigned an independent attorney for representation. As the intended parents, you are represented by attorneys who draft all agreements. our in-house legal team represents its intended parents.
7. Treatment Process : The process of in vitro fertilization and embryo transfer is managed and completed at our IVF centre under the leadership of Dr R K Sharma. Your program coordinator manages every step of the process with the clinic for your surrogate and/or egg donor.
8. Pregnancy : When the joy of pregnancy is achieved, your program coordinator remains your primary support as you prepare for the birth of your child. She ensures that you and your surrogate are prepared to welcome your child home.
9. Legal Representation : The legal procedures Our legal representative will explain you exactly when and what documents will be filed to ensure that you establish parental rights. For international intended parents, your attorney directs you to obtain the necessary legal documentation to get home with the proper court orders and passports.
10. Birth : Prior to the birth of your child, your program coordinator contacts the hospital to ensure they know who you are and why you are there.