Surrogacy: A Comprehensive Guide to the Process, Types, and Legal Considerations

According to the Lok Sabha Surrogacy Regulation Bill 2019, only Indian couples who have been legally married for at least 5 years and have a certificate from a doctor stating that they are medically unfit to conceive a baby can opt for surrogacy, as per the provisions of the bill. 

In the past, surrogacy was not a preferable option for Indians. Still, as the times have changed, they have become more open to this treatment and educated about the legal procedures involved.

Suppose you are among couples who are thinking about considering this procedure. In that case, this blog offers an in-depth study of the surrogacy process, the legal aspects of surrogacy, and the reasons why couples opt for surrogacy.

What is Surrogacy?

Surrogacy is when a woman carries and delivers a baby for couples facing infertility problems and unable to conceive a baby. The surrogate mother takes the baby for 9 months and agrees to give custody of the child willingly after the birth. Other than infertility treatment, women who go for surrogacy have:

• Issues with their uterus or have had it removed
• Health conditions that may harm their well-being during pregnancy.

Reasons to Consider Surrogacy

After IVF treatments and other infertility treatments, many couples consider surrogacy as the best alternative for conceiving a baby. Every year, teams go through counseling and get suggestions to adopt surrogacy. Let’s explore the reasons why IVF specialists suggest surrogacy:

• Failure with Other Infertility Treatment

There are higher chances that couples face failure during infertility treatment. Surrogacy cost in India is the best alternative one can go for.

• Problem with Uterus

There is a possibility that women already have problems with the uterus or are facing problems in the uterus while conceiving a baby. The issues include uterine shape abnormalities, separate uteruses, scars, or infection. 

At Nimaaya IVF Center in Surat, we consult couples to give them treatment for the problem they are facing, and if it’s not possible to conceive the baby,  fertility treatment or surrogacy can be considered.

• Couples with the Same Gender

With same-gender marriages being legally recognized in India, hospitals have started allowing couples to adopt surrogacy, enabling them to fulfill their dream of starting their own family.

• Complexions During Pregnancy

Problems such as obesity, diabetes, heart conditions, or maternal age can lead to complexions that may affect the child’s health.

Surrogacy Process

Irrespective of the country in which you reside, the surrogacy process remains the same. At Nimaaya IVF Center, we ensure that couples who insist on adopting the method and the surrogate mother are guided through the entire process. Let me take you in-depth, step by step, throughout the process:

1) Make Sure Surrogacy is the Right Choice

Before proceeding with the process, consider the pros and cons of the emotional and mental journey. It entails. Also, you should consider various rules and regulations to help you understand the process in depth. What needs to be considered is:

‣ Prospective Surrogates

The journey to become a surrogate involves both physical and emotional challenges. Along with providing financial benefits, make sure you invest 1 year, endure all the physical and emotional difficulties alone, and pass medical procedures alone.

In many cases, surrogate mothers develop a bond with the child, making it emotionally challenging to hand over the child to the biological parents.

‣ Prospective Parents

Becoming a prospective parent is not an easy task. It involves various challenges, such as investing a considerable amount, which carries a high risk, such as the possibility of a surrogate mother’s miscarriage or complications during pregnancy.

Parents need to consider this option, especially if they are of the same gender or facing infertility issues.

2) Prepare for surrogacy

Once you have decided on surrogacy, you need to consider the type of surrogacy that the intended parents want to aim for:

‣ Traditional

In traditional surrogacy, the surrogate mother is the biological mother of the child she carries. 

The egg is fertilized using sperm from the intended father or the donor using infertility treatment such as IUI.

‣ Gestational

Gestational Surrogacy process, the child is not biologically related to the surrogate mother. The embryo is created using the sperm and egg from the intended parents through IVF. Once the egg is fertilized, the embryo transfer takes place. 

3) Finding a Match

 Finding a perfect match that perfectly fits the requirements of the intended parents and the donor is difficult. To fill in the gap, there is a surrogate center that helps you find the suitable match that both parties are looking for. Each party has different requirements but the common factors that they look for are:

• Race
• Religion
• Age
• Personality
• Heredity problems

4) Satisfying legal requirements

Once both parties have decided to move forward with one that perfectly suits their requirement, it is now time for them to decide legally the terms and conditions on which they should agree. 

Only after everyone agrees to the contract can you move forward and begin with the embryo transfer. Both parties have different perspectives to consider:

‣ Intended Parents

• In case if you are intended parents, then keep the following points in mind:
• Decide on compensation and possible risk agreed upon by both parties.
• Ensure that you have the authority to make medical decisions for your baby during fertilization and have the right to include your name on the child’s birth certificate, ensuring that your journey to being a surrogate mother is successful.

‣ Surrogate Mother

• Like intended parents, discuss compensation and possible risks associated with it in the future.
• Make sure your attorney goes through the contract given to you by the opponent party.
• Also, check that you receive the amount of compensation every month as the team decides.

‣ Beginning the Embryo Transfer Process

After signing the contract, it’s time to begin the medical procedures and prepare for the embryo transfer. The primary role is played by surrogate mothers, taking fertility medications to create an embryo, going through the painless transfer process, and needing to visit the clinic regularly as asked by the fertility center.

In the case of intended parents, if the surrogacy type is gestational, the female partner must administer medications to stimulate egg production. Once the egg is fertilized, sperm from the intended male partner is used.

‣ New Baby

Finally, after completing all the procedures, the baby’s birth occurs. The surrogate mother has to hand over the baby and complete all the legal procedures before being discharged from the hospital.

Legal Considerations

The legal aspects of surrogacy involve a deal that requires fulfillment of the contract and the violation of the same that may result in punishment in the form of compensation or any legal action if necessary.

Both parties should be aware of the legal aspects of the contract and other associated factors. Let’s get into confidentiality terms:

• The donor must give personal information during the application and screening procedure.
• The donor can maintain its identity confidential,  but if required, it might be asked to reveal the identity for legal procedures.
• Documentation of the child born through surrogacy is maintained for further reference if the child demands the documents related to the surrogate mother.

Payment to Egg Donor:

The egg donor is paid for her effort, time, and the discomfort that she experiences throughout the process. 

After the egg retrieval procedure, the donor must pay the total amount mentioned in the contract regardless of the quality of the eggs delivered.

Also, it should be remembered that even if the egg retrieval is incomplete or the contract is terminated in the middle, the donor needs to be paid partial compensation. On the safer side, these terms should be clear before beginning the contract.

Why Surrogacy Treatment from Nimaaya

At Nimaaya IVF Center, our mission is to deliver exceptional healthcare services that cater to the unique needs of our patients. We aim to be a beacon of hope and healing, striving to improve the quality of life for every individual we serve. Our unwavering dedication to medical excellence, cutting-edge technology, and a holistic approach to healthcare enable us to achieve our mission of fostering health and wellness across all age groups. Our extensive facility includes:

‣ Extensive Care

Our team of experts includes IVF, embryologists, and other team members who ensure constant support and care throughout your surrogacy journey.

‣ Success Rate

Our experienced team is fully trained and keeps themselves updated with the latest technology. Their consultation throughout the process results in making sure that the success rate of Surrogacy is relatively higher.

‣ Affordability

We believe in making our infertility treatments affordable PAN India. Trying to normalize the treatment by educating people and making it accessible for all.

‣ Infrastructure Facilities

To conduct treatments with updated equipment and ensure that there is the highest success rate and care.

Surrogacy Cost in India

• Surrogacy is the most popular infertility treatment in India since it is less expensive than in other nations.
• Surrogacy costs often include surrogate remuneration, medical expenditures, and legal fees.
• Surrogacy costs between 5 and 6 lakhs in India.

Connect with one of the best IVF specialists for the cost of surrogacy in India infertility treatment:
With Nimaaya IVF Center, you can avail the best comprehensive fertility assessment. At every step, we are with you to provide you with the best consultation and make your parenthood journey memorable. Under the guidance of embryo and one of the Best Gynecologists in Surat, you will get the highest level of expertise and care to achieve your family planning goals.