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Surrogacy Process 2026

Complete Step-by-Step Guide from Legal Procedures to Medical Journey - SheIVF Expert Support

Understanding The Surrogacy Process

Comprehensive guide to gestational altruistic surrogacy in India 2026

What is the Surrogacy Process?

The surrogacy process is a carefully coordinated journey that combines medical procedures, legal formalities, and emotional support to help intended parents achieve their dream of having a child. In India, this process is strictly regulated under the Surrogacy (Regulation) Act, 2021, ensuring ethical practices and legal protection for all parties involved.

Key Concept: The surrogacy process involves creating an embryo through IVF using genetic material from intended parents (or donors), transferring it to a gestational surrogate (close relative), and obtaining legal parentage rights before birth.

Why Understanding the Process is Crucial

Navigating the surrogacy journey requires clear understanding of:

Timeline Management: 14-18 months from start to completion
Legal Compliance: Mandatory court orders and documentation
Medical Coordination: Synchronization between intended parents and surrogate
Emotional Preparation: Counseling and support throughout the journey

Types of Surrogacy Arrangements

Understanding different surrogacy models and India's legal framework

Comparison of Surrogacy Types (2026)

Type Genetic Connection Legal Status in India 2026 Key Characteristics
Traditional Surrogacy Surrogate is biological mother Not Permitted Surrogate's egg + intended father's/donor sperm via artificial insemination
Gestational Surrogacy No genetic link to surrogate Permitted IVF embryo (intended parents' or donors' genetic material) transferred to surrogate
Altruistic Surrogacy Varies (usually gestational) Only Legal Option Surrogate receives only medical expenses + insurance; must be close relative
Commercial Surrogacy Varies Banned Surrogate receives financial compensation beyond medical costs; illegal in India
India 2026 Legal Reality: Only gestational altruistic surrogacy is permitted in India. The surrogate must be a married close relative (not immediate family) of the intended parents, aged 25-35, with at least one healthy biological child of her own.

5-Step Surrogacy Process in India 2026

Comprehensive journey from consultation to bringing your baby home

1

Initial Consultation & Eligibility Assessment

Duration: 1-2 Months

Key Activities:

  • Comprehensive medical evaluation of intended parents
  • Review of legal eligibility as per Surrogacy Regulation Act 2021
  • Identification of suitable surrogate (close married relative)
  • Psychological assessment and counseling sessions
  • Initial fertility testing and medical screenings
Medical Documentation Required: Proof of infertility/medical condition, marriage certificate (5+ years for couples), age verification, surrogate's medical fitness certificate.
2

Legal Formalities & Court Approvals

Duration: 4-8 Months

Key Activities:

  • Drafting of comprehensive surrogacy agreement
  • Application to District Medical Board for Certificate of Essentiality
  • Filing petition in district court for parentage order
  • Obtaining insurance coverage for surrogate
  • Notarization of all legal documents
Critical Legal Requirement: Court order establishing intended parents as legal parents must be obtained BEFORE any embryo transfer. This is non-negotiable under Indian law.
3

IVF & Medical Procedures

Duration: 1-2 Months

Key Activities:

  • Ovarian stimulation and egg retrieval from intended mother/donor
  • Sperm collection from intended father/donor
  • In-vitro fertilization (IVF) or ICSI procedure
  • Embryo culture and quality assessment
  • Embryo transfer to surrogate's uterus
  • Optional: Preimplantation Genetic Testing (PGT)
Medical Excellence at SheIVF: Our advanced embryology labs ensure optimal embryo development with 55-70% success rates per transfer.
4

Pregnancy Monitoring & Care

Duration: 9 Months

Key Activities:

  • Regular ultrasound monitoring and medical check-ups
  • Hormonal support and medication management
  • Nutritional counseling for surrogate
  • Regular updates and involvement of intended parents
  • Preparation for delivery and birth plan development
Comprehensive Care: SheIVF provides 24/7 medical support, emotional counseling, and regular communication between all parties throughout the pregnancy.
5

Delivery & Post-Birth Formalities

Duration: 1-2 Months

Key Activities:

  • Hospital admission and delivery (normal/C-section)
  • Immediate parent-child bonding
  • Birth certificate registration with intended parents' names
  • Postpartum care for surrogate
  • For international parents: Passport and visa processing
  • Final legal documentation and discharge
Journey Completion: Intended parents return home with their baby, with all legal parentage rights firmly established and documented.

Medical Procedure Details

In-depth look at the IVF and embryo transfer process in surrogacy

Ovarian Stimulation

10-12 days of hormone injections to stimulate multiple egg development

Egg Retrieval

Minor surgical procedure under sedation to collect mature eggs

Fertilization

IVF or ICSI to fertilize eggs with sperm in laboratory

Embryo Culture

3-5 day monitoring in controlled laboratory environment

Embryo Transfer

Transfer of best-quality embryo to surrogate's uterus

Pregnancy Test

Blood test 10-14 days after transfer to confirm pregnancy

Advanced Medical Technologies at SheIVF

  • Time-Lapse Embryo Monitoring: Continuous observation without disturbing embryo development
  • ICSI (Intracytoplasmic Sperm Injection): Direct sperm injection for male factor infertility
  • Assisted Hatching: Helping embryos implant in surrogate's uterus
  • PGT (Preimplantation Genetic Testing): Screening embryos for genetic abnormalities
  • Vitrification: Advanced freezing techniques for eggs/embryos
  • ERA Test: Determining optimal time for embryo transfer
Success Rates: SheIVF achieves 55-70% live birth success rates per embryo transfer through advanced technology, experienced embryologists, and personalized treatment protocols.

Surrogacy Process Timeline 2026

Month-by-month breakdown of your surrogacy journey

Months 1-2: Initial Phase

Activities: Medical consultations, eligibility verification, surrogate identification

Key Milestone: Completion of all preliminary medical tests

Documents: Medical certificates, marriage proof, surrogate consent forms

Months 3-8: Legal Process

Activities: Court filings, medical board certifications, legal documentation

Key Milestone: Obtainment of court order for parentage rights

Critical: No embryo transfer can occur without court order

Month 9: Medical Procedures

Activities: IVF cycle, egg retrieval, fertilization, embryo transfer

Key Milestone: Embryo transfer to surrogate

Medical: 10-14 days wait for pregnancy confirmation

Months 10-18: Pregnancy & Birth

Activities: Pregnancy monitoring, regular check-ups, delivery preparation

Key Milestone: Birth of baby and parentage establishment

Final Steps: Birth certificate, passport (if international), discharge

4-8

Months Legal Process

9

Months Pregnancy

14-18

Months Total

Timeline Variables: Court schedules, surrogate synchronization, medical factors, and documentation processing can affect timelines. SheIVF provides realistic expectations and regular updates throughout the process.

Surrogacy Process FAQs 2026

Common questions about the surrogacy journey in India

Answer: The complete surrogacy process typically takes 14-18 months from initial consultation to bringing your baby home:

  • Initial Phase (1-2 months): Consultation, medical tests, surrogate identification
  • Legal Process (4-8 months): Court approvals and documentation
  • Medical Procedures (1-2 months): IVF, embryo creation and transfer
  • Pregnancy (9 months): Gestation period
  • Birth & Documentation (1-2 months): Delivery and legal formalities

The legal process is often the most variable timeframe depending on court schedules.

Answer: The medical process involves several key procedures:

  1. Ovarian Stimulation: Hormone injections to produce multiple eggs
  2. Egg Retrieval: Minor surgical procedure to collect eggs
  3. Sperm Collection: From intended father or donor
  4. IVF/ICSI: Fertilization of eggs in laboratory
  5. Embryo Culture: 3-5 days monitoring embryo development
  6. Embryo Transfer: Placing embryo in surrogate's uterus
  7. Pregnancy Monitoring: Regular ultrasounds and check-ups
SheIVF Excellence: Our clinic uses advanced technologies including time-lapse embryo monitoring, PGT testing, and assisted hatching to maximize success rates.

Answer: The legal process is comprehensive and involves multiple steps:

  • Document Collection (1-2 weeks): Gathering all required certificates and proofs
  • District Medical Board (2-4 weeks): Obtaining Certificate of Essentiality
  • Court Filing (1-2 weeks): Preparing and submitting petition
  • Court Hearings (3-6 months): Multiple hearings and proceedings
  • Order Issuance (2-4 weeks): Receiving final court order
  • Insurance & Agreements (2-4 weeks): Finalizing legal contracts

Court schedules can vary significantly between different districts and states in India.

Answer: If the first embryo transfer doesn't result in pregnancy:

  • Medical Review: Comprehensive analysis of the cycle to identify potential issues
  • Additional Testing: Further investigations like ERA test, immune testing
  • Protocol Adjustment: Modified medication and transfer protocol
  • Frozen Embryo Transfer: Use of frozen embryos from the same cycle
  • Additional IVF Cycle: If needed, another egg retrieval cycle may be recommended
SheIVF Approach: We typically create and freeze multiple embryos to allow for additional transfer attempts without needing repeated IVF cycles. Our cumulative success rate over multiple transfers reaches 80-90%.

Answer: Intended parents are actively involved throughout the pregnancy:

  • Regular Updates: Weekly updates from medical team
  • Ultrasound Participation: Virtual or in-person attendance at key ultrasounds
  • Communication with Surrogate: Regular contact as agreed in surrogacy agreement
  • Medical Decisions: Involvement in important medical decisions
  • Birth Planning: Active participation in delivery planning
  • Counseling Sessions: Joint counseling with surrogate if desired

SheIVF facilitates healthy communication and involvement while respecting all parties' privacy and boundaries.

Start Your Surrogacy Journey Today

Get personalized guidance on the complete surrogacy process 2026

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Why SheIVF for Your Surrogacy Process?

  • Process Expertise: 15+ years experience managing complete surrogacy journeys
  • Legal Partnership: In-house legal team for smooth court approvals
  • Medical Excellence: Advanced IVF technology with high success rates
  • End-to-End Support: From consultation to bringing baby home
  • Transparent Process: Clear timeline, regular updates, no hidden steps
  • International Experience: Expertise with foreign intended parents