Surrogacy Process

Surrogacy has become a beacon of hope for countless couples and individuals struggling with infertility, medical conditions, or those seeking alternative paths to parenthood. India, with its advanced medical infrastructure, skilled fertility specialists, and relatively affordable treatment costs, has long been a preferred destination for surrogacy. However, recent legal changes have significantly altered the surrogacy landscape in the country.

This comprehensive guide will walk you through everything you need to know about surrogacy in India—from understanding the different types of surrogacy and the step-by-step process to navigating the latest legal regulations and estimating costs. Whether you’re just beginning to explore surrogacy or are ready to take the next step, this guide will provide you with the essential information to make informed decisions.

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Understanding Surrogacy: Types and Key Concepts

What Is Surrogacy?

Surrogacy is an assisted reproductive technology (ART) where a woman (the surrogate) agrees to carry and deliver a baby for another individual or couple (the intended parents). The child may be biologically related to the intended parents or conceived using donor eggs or sperm, depending on the circumstances.

Types of Surrogacy

1. Traditional Surrogacy

In traditional surrogacy, the surrogate is also the biological mother of the child. This means her own egg is fertilized with the intended father’s sperm (or donor sperm) through artificial insemination. Due to the genetic connection between the surrogate and the child, this method is less common today and often raises legal and emotional complexities.

2. Gestational Surrogacy

Gestational surrogacy is the most widely practiced method today. In this arrangement, the surrogate has no genetic link to the baby. Instead, an embryo is created through in vitro fertilization (IVF) using:

• The intended mother’s egg and the father’s sperm

• Donor eggs or sperm, if needed

The embryo is then transferred to the surrogate’s uterus, where she carries the pregnancy to term.

3. Altruistic vs. Commercial Surrogacy

• Altruistic Surrogacy: The surrogate is not paid beyond medical and related expenses. In India, only altruistic surrogacy is now legally permitted, and the surrogate must be a close relative of the intended parents.

• Commercial Surrogacy: The surrogate receives financial compensation beyond medical costs. This practice is now banned in India under the Surrogacy (Regulation) Act, 2021.

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Current Legal Framework for Surrogacy in India

India’s surrogacy laws have undergone significant changes in recent years. The Surrogacy (Regulation) Act, 2021, introduced strict guidelines to prevent exploitation and ensure ethical practices.

Key Legal Provisions

• Only altruistic surrogacy is allowed; commercial surrogacy is banned.

• The surrogate must be a close relative of the intended parents.

• At least one intended parent must be genetically related to the child (using their own egg or sperm).

• Eligibility criteria:

  • Indian married couples (with proven infertility, married for at least five years)

  • Single Indian women (widowed or divorced, aged 35-45)

  • Foreign nationals (only married couples from countries where surrogacy is legal)

• A court order is required to establish legal parentage before the birth.

Documents Required

• Medical certificate confirming infertility

• Marriage certificate (for couples)

• Surrogate’s consent and medical records

• Court approval before embryo transfer

(Note: LGBTQ+ couples and single men are currently ineligible for surrogacy in India.)

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Step-by-Step Surrogacy Process in India

1. Initial Consultation and Medical Screening

The journey begins with a thorough medical evaluation of the intended parents to assess fertility status. Tests may include semen analysis, ovarian reserve testing, and general health screenings. Simultaneously, a suitable surrogate (a close relative) is identified and undergoes medical and psychological evaluations.

2. Legal Formalities and Contract

A legally binding surrogacy agreement is drafted, outlining the rights and responsibilities of all parties. This contract must comply with Indian surrogacy laws and is typically reviewed by a lawyer. Additionally, intended parents must file a petition in court to secure legal parentage rights.

3. IVF and Embryo Transfer

Once legal clearances are obtained, the medical process begins:

• Egg retrieval: The intended mother or donor undergoes ovarian stimulation and egg retrieval.

• Fertilization: The eggs are fertilized with the intended father’s sperm (or donor sperm) via IVF or ICSI.

• Embryo transfer: The resulting embryo is transferred to the surrogate’s uterus.

4. Pregnancy Monitoring

Throughout the pregnancy, the surrogate receives regular medical check-ups, ultrasounds, and hormonal support to ensure a healthy pregnancy. Intended parents are often involved in these appointments to stay connected with the process.

5. Delivery and Post-Birth Formalities

Upon delivery, the intended parents are recognized as the legal parents. A birth certificate is issued in their names, and for international parents, assistance is provided to secure passports and visas for the newborn.

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Cost of Surrogacy in India (2025 Estimates)

The cost of surrogacy in India varies based on clinic reputation, medical procedures, and legal fees. Here’s a rough breakdown:

(Note: Costs may vary depending on individual circumstances and clinic pricing.)

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Choosing the Right Surrogacy Clinic

Selecting a reputable clinic is crucial for a successful surrogacy journey. Consider the following factors:

• Success rates: Look for clinics with high IVF and surrogacy success rates.

• Legal compliance: Ensure the clinic adheres to the latest surrogacy laws.

• Patient reviews: Read testimonials from previous intended parents.

• Transparency: The clinic should provide clear cost breakdowns and process details.

Some of the top surrogacy clinics in India include:

• International Fertility Centre (Delhi)

• Invitro Fertility Clinic (Delhi)
• Fertility Care Clinic (Mumbai, Delhi, Bangalore)
• Baby Footprints Centre (Delhi, Mumbai)

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Risks and Success Rates

Success Rates

The success rate of surrogacy in India ranges between 50-70%, depending on factors like embryo quality, surrogate health, and clinic expertise.

Potential Risks

• Medical risks: Multiple pregnancies, surrogate health complications.

• Legal challenges: Delays in court approvals or documentation issues.

• Emotional stress: Managing expectations and relationships with the surrogate.

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Conclusion: Is Surrogacy Right for You?

Surrogacy in India, though now more regulated, remains a viable option for eligible individuals and couples. By understanding the legal requirements, costs, and step-by-step process, you can navigate this journey with confidence.

If you’re considering surrogacy, start by consulting a reputable fertility clinic to discuss your options and receive personalized guidance.

Need Help? Contact us for a free consultation or download our surrogacy checklist to begin your journey today.