Altruistic Surrogacy For Indian Couples

What is surrogacy?

Surrogacy is an arrangement, often supported by a legal agreement, whereby a women
 agrees to delivery/labor for another person or people, who will become the child’s parent(s) after birth. Altruistic surrogacy is where the woman doesn’t charge for this arrangement.

TYPES OF SURROGACY

Gestational Surrogacy
Traditional Surrogacy
Commercial or Compensated Surrogacy
Altruistic Surrogacy
Agency Surrogacy
Independent Surrogacy
Identified Surrogacy

GESTATIONAL SURROGACY

In gestational surrogacy, the surrogate is not biologically related to the baby.
This means that the intended
father’s sperm and the intended
mother’s eggs are combined,
creating an embryo. This embryo is then
implanted in the surrogate, who will carry the baby to full-term.

TRADITIONAL SURROGACY

Traditional surrogacy involves the use of the father’s sperm to fertilize the surrogate’s egg. This means the child is biologically related to the surrogate. The surrogate carries the baby to full-term.

WHAT IS ALTRUISTIC SURROGACY?

Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.

PROS

Altruistic surrogacy is generally less expensive than commercial surrogacy because intended parents do not pay their surrogate.
Altruistic surrogacy is legal in many U.S. states and countries where commercial surrogacy is banned, making it a more widely available option for intended parents.
Intended parents pursuing an identified altruistic surrogacy may feel a greater peace of mind and stronger sense of trust throughout the pregnancy because it is being carried by a close family member or friend.

CONS

Most altruistic surrogates are close friends or family members of their intended parents. Intended parents who are not pursuing identified surrogacy are not likely to find a match with an altruistic surrogate through an agency’s matching services.
Altruistic surrogates may feel underappreciated or even exploited at times, and friends and family members may feel pressured to enter a surrogacy arrangement in which they do not receive compensation. These situations could potentially have a negative impact on the intended parents’ relationship with the surrogate.
Intended parents may feel less in control of the surrogacy when the surrogate is not compensated; for example, some intended parents may feel hesitant to make specific requests of the surrogate because they are not paying her in exchange.

Is altruistic surrogacy legal in India?

The Surrogacy (Regulation) Act 2021 was passed in December and made “altruistic surrogacy” mandatory to curb exploitation of women for commercial gains. The law limits the medical procedure to couples who are infertile and have been married for at least five years, with no surviving offspring

PURPOSES FOR WHICH SURROGACY IS PERMITTED

For intending couples who suffer from proven infertility.
Not for commercial purposes.
Not for producing children for sale, prostitution or other forms
of exploitation.
 For any condition or disease specified through regulations.

ELIGIBILITY CRITERIA FOR ALTRUISTIC SURROGACY

A close relative or friend of the intending couple.
A married woman having a child of her own.
25 to 35 years old.
A surrogate only once in
her lifetime.
Possess a certificate of
medical and psychological fitness for surrogacy.

FEATURES OF THE SURROGACY BILL, 2016

Surrogacy will not be allowed for
Homosexual couples
Single parents
Couples in live-in relationships
Foreigners
Couples with children
Attempts at commercial surrogacy

  1. Couple must be married for atleast 5 years.
  2. Either one of couple must have proven infertility.
  1. Only Indian citizens; NRIs are also not included.
    5.Age of couple: 23-50 for females and 26-55 for males.
  2. Women can be surrogates only
    once and a married couple can
    only have one surrogate child.
    7.The couple should employ an
    “altruistic relative”, i.e. the surrogate
    mother should be a relative who is sympathetic to the situation.
  3. Egg donation is banned

CAN FOREIGNERS HAVE ALTRUISTIC SURROGACY THROUGH INDIAN SURROGATE?

 Indian surrogacy laws make it illegal for foreign intended parents to
complete a surrogacy in India.
The only people who can
complete a commercial surrogacy
in India today are Indian intended
parents who have been married
for at least five years.

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