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.

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