SURROGACY

• SURROGACY IS ONE OF THE IVF PRACTICE WHEREBY ONE WOMAN BEARS AND GIVES BIRTH TO A CHILD FOR AN INTENDING COUPLE WITH THE INTENTION OF HANDING OVER SUCH CHILD TO THE INTENDING COUPLE AFTER THE BIRTH.
• SURROGACY CAN BE A LIFE CHANGING EXPERIENCE FOR COUPLES WHO ARE LOOKING FOR A CHILD THROUGH A SURROGATE.
• IT BRINGS NEW RAY OF HOPE TO COUPLES WHO HAVE UNDERGONE THE PAIN OF RECURRENT ABORTIONS OR MULTIPLE IVF FAILURE OR WHEN PATIENT’S BODY IS NOT READY TO CARRY A PREGNANCY TO TERM DUE TO CHRONIC HEALTH CONDITIONS OR DUE TO CONGENITAL UTERINE ABNORMALITY.

TYPES OF SUROGACY

• COMMERCIAL:
  • COMMERCIAL SURROGACY IS AN AGREEMENT WHEREIN A SURROGATE IS COMPENSATED FOR SURROGATE SERVICES.
  • REEMBEREMENT FOR ALL MEDICAL EXPENSES THAT INCLUDE THE COST OF MEDICINES,INVESTIGATIONS, PROCEDURES NECESSARY DURING PREGNANCY, LABOUR AND POST-PARTUM COMPLICATIONS UP TO 16 MONTHS.
  • NOT ALLOWED IN INDIA

• ALTRUISTIC:
  • THE TERM “ALTRUISTIC SURROGACY” GENERALLY REFERS TO THOSE SURROGACY ARRANGEMENTS IN WHICH THE SURROGATE DOES NOT RECEIVE ANY COMPENSATION FOR HER SERVICES FOR CARRYING THE BABY IN HER WOMB
  • ONLY REIMBURSEMENT FOR MEDICAL COSTS AND OTHER REASONABLE PREGNANCY-RELATED EXPENSES.
  • SUCH ARRANGEMENTS ARE MADE BETWEEN FAMILY MEMBERS OR RELATIVES.

SURROGACY CRITERIA:

• INTENDING COUPLES WHO SUFFER FROM PROVEN INFERTILITY
• ALTRUISTIC
• NOT FOR COMMERCIAL PURPOSES
• NOT FOR PRODUCING CHILDREN FOR SALE, PROSTITUTION OR OTHER FORMS OF EXPLOITATION
• CONDITION OR DISEASE SPECIFIED THROUGH REGULATIONS.
• THE INTENDING COUPLE SHOULD HAVE A ‘CERTIFICATE OF ESSENTIALITY AND A ‘CERTIFICATE OF ELIGIBILITY’ ISSUED BY THE APPROPRIATE AUTHORITY.
• ONLY GESTATIONAL SURROGACY IS ALLOWED IN INDIA: SURROGATE MOTHER CAN NOT USE HER OWN EGGS.

ESSENTIALITY CRITERIA:

• CERTIFICATE OF PROVEN INFERTILITY OF ONE OR BOTH MEMBERS OF THE INTENDING COUPLE FROM A-DISTRICT MEDICAL BOARD
• AN ORDER OF PARENTAGE AND CUSTODY OF THE SURROGATE CHILD PASSED BY A MAGISTRATE’S COURT.
• INSURANCE COVERAGE FOR A PERIOD OF 16 MONTHS COVERING POSTPARTUM DELIVERY COMPLICATIONS FOR THE SURROGATE.

ELIGIBILITY CRITERIA FORPROSPECTIVE INTENDED COUPLE:

• INDIAN CITIZENS WITH 5 YEARS OF MARRIAGE.(FOREIGNERS ARE NOT ALLOWED IN INDIA)
• AGE BETWEEN 23-50 FOR WIFE, HUSBAND 26-55 YEARS.
• WITH NO SURVIVING CHILD
• BANS SINGLE PARENTS, HOMOSEXUALS AND LIVE-IN COUPLES FROM SURROGACY

ELIGIBILITY CRITERIA FOR PROSPECTIVE SURROGATE MOTHER

• SURROGATE SHOULD BE A CLOSE RELATIVE OF THE INTENDING COUPLE.
• MARRIED AND HAVING AT LEAST ONE CHILD.
• CERTIFICATE OF MENTAL AND PSYCHOLOGICAL AND PHYSICAL FITNESS REQUIRED.
• AGE BETWEEN 25-35 YEARS
• RESTRICTS WOMEN TO BEING SURROGATES ONLY ONCE

LEGAL REQUIREMENTS:

• AGREEMENT SHOULD BE SIGNED WITH THE LAWYER.
• LAWYER HAS TO GET ALL CERTIFICATION FOR SURROGACY FROM APPROPIATE AUTHORITY.