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June 11, 2025

Legal Rights of Intended Parents in Surrogacy: What You Need to Know

In India, the Surrogacy (Regulation) Act of 2021 provides a framework for altruistic surrogacy, stating the legal rights and responsibilities of intended parents in surrogacy. Intended parents are individuals or couples who seek help from fertility centres to have a child through surrogacy. Surrogacy is developed to treat infertility. It’s a healthcare issue that can happen in both men and women. The factors that can contribute to infertility include lifestyle, age, genetics, and environmental issues. Due to the increasing need for infertility solutions, there are infertility procedures that can help infertile couples to cure their infertility.  Surrogacy has emerged as the best option because of the advancement in artificial reproduction techniques. Because of surrogacy, parenthood is no longer limited to heterosexual or married couples. The treatment can also help single parents, widowed women, single men, gay couples, etc. So, in this article, we are gonna discuss the legal rights of Intended Parents in Surrogacy. We will know things deeply. Before anything, let’s understand surrogacy first…  Why should you trust SELECT best IVF center in Gujarat? Understanding surrogacy  Surrogacy is a fertility treatment where a woman, called the surrogate, agrees to carry and deliver a baby for another person or couple known as the intended parents. There are 4 types of surrogacy in India: Allowed form of surrogacy  Gestational surrogacy: it’s the most used form of surrogacy available in the Philippines. It involves the extraction of eggs from the intended mother and sperm from the intended father. Both eggs and sperm are fertilised to create an embryo, which is implanted into the uterus of the gestational surrogate mother.  Altruistic surrogacy: It’s another commonly used form of surrogacy available in India. It involves the surrogate mother from the side of the intended couple. Additionally, there is no compensation given to the surrogate mother.  Not allowed form of surrogacy Traditional surrogacy: It’s an uncommon form of surrogacy that involves the egg from the surrogate mother and the sperm from the intended father. It includes the direct insertion of sperm into the uterus of a surrogate mother. This surrogacy creates a genetic relationship between the surrogate mother and child.  Commercial surrogacy: It includes the compensation provided to the surrogate mother. However, this surrogacy is banned in India as it exploits the surrogate mothers.  India only permits gestational surrogacy under strict laws and only for altruistic reasons. It means without commercial benefits. So, as per the Surrogacy Regulation Act 2021, traditional surrogacy and commercial surrogacy are banned.  The process of surrogacy at Select IVF  The procedure of surrogacy step-by-step in India, in Select IVF, takes 11 to 18 months for both domestic and international patients. We have specialised plans for international patients and have personalised options for domestic patients.  First, let’s talk about our domestic and international patients’ procedure of surrogacy step-by-step in the form of a table for your easy understanding:  The procedure of surrogacy for domestic patients  Domestic patients for surrogacy in India The procedure of surrogacy for International Patients  International patients for surrogacy in India Consultation  Discussion of causes of infertility, the success rate of surrogacy, cost, and other essential things with domestic patients.  Contact a clinic & get a consultation   Reach out to a reputable clinic in India such as Select IVF. Get a consultation by phone to discuss your medical history and suitable treatment options.  Ovarian stimulation  Providing hormonal injections to women or egg donors to produce eggs  Initial consultation  Schedule an initial consultation with the surrogacy specialist to discuss essential things such as the medical history, costs, success rate, etc.  Egg retrieval  Eggs are harvested from the uterus of the woman using a catheter  Application for a medical visa  Get a medical visa from India, which typically requires documentation.  Sperm collection  Sperms are gathered from the male partner  Testing  Tests advised by fertility doctors such as blood tests, semen analysis, and other procedures.  Fertilization  Eggs and sperm are combined together on a laboratory dish to form an embryo  Ovarian stimulation  Providing hormonal injections to women or egg donors to produce eggs Embryo transfer  The embryo formed through fertilisation is placed into the uterus of the woman  Egg retrieval  Eggs are harvested from the uterus of the woman using a catheter  Pregnancy check After 12 days, a blood test is performed to check the results of the embryo transfer  Sperm collection and fertilisation  Sperms are gathered from the male partner, & Eggs and sperm are combined together in a laboratory dish to form an embryo  Embryo transfer & pregnancy check  The embryo formed through fertilization is placed into the uterus of the woman, & After 12 days, a blood test is performed to check the results of the embryo transfer.  Legal Rights of Intended Parents in Surrogacy  Right to Parenthood: Intended parents are recognised as the legal parents of the child born through surrogacy, with no claim from the surrogate mother. Protection under Surrogacy Agreement: A legally binding surrogacy agreement outlines the roles, obligations, and rights of both the surrogate and intended parents, safeguarding the interests of all parties involved. Eligibility criteria for intended parents in surrogacy  To be eligible for surrogacy in India, intended parents must meet specific requirements: Age Range: The male partner must be between 26 and 55 years old, while the female partner must be between 23 and 50 years old. Marital Status: The couple must be legally married. No Biological Children: The couple should not have any biological children from a previous marriage. Unmarried Women: An unmarried woman between 35 and 45 years old, who is divorced or widowed, may also be eligible, provided she doesn’t have a living child from a prior marriage. Responsibilities of intended parents Intended parents are required to: Cover Surrogate’s Expenses: Pay for the surrogate’s medical expenses, insurance, and other related costs. Provide Health Insurance: Obtain health insurance for the surrogate mother, covering 36 months of postpartum care. Surrogacy Cost in India Surrogacy is a series of complex procedures that involve the help of a surrogate, several medical examinations & procedures,…

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IVF for Older Women: Age , Fertility, and Your Options

IVF for Older Women In today’s world, many women are choosing to start their families later in life. With careers, education, travel, and financial stability taking centre stage, it’s no surprise that the average age of motherhood is increasing. However, age is a significant factor in female fertility, and for older women trying to conceive, In Vitro Fertilization (IVF) has become a hope. But what exactly are the chances of IVF success for older women? How does age affect fertility and treatment outcomes? This article explores the realities, success rates, challenges, and hope IVF offers to women in their late 30s and beyond. First, here’s why we are best for IVF…. How to Choose the Best IVF Centre in India Understanding IVF and female fertility Before diving into age-related outcomes, let’s briefly understand how IVF works. What is IVF? IVF (In Vitro Fertilization) is an assisted reproductive technology (ART) that involves: How does IVF helpful? IVF is helpful in treating infertility of both male and female. It is 4 to 6 weeks procedure in clinic. After that, woman can carry a 9 month pregnancy and welcome a baby at their home. The following procedure describe you the IVF’s helpfulness:  The first step in IVF involves consultation. In this procedure, individual’s infertility is discussed. Each and every detail about infertility is discussed whether it’s the cost, success rate, cause of infertility and the solutions for infertility.  Next step is retrieval of egg.  However, before this ovarian stimulation is required. Ovaries are stimulated to produce multiple eggs. Hormonal injections are required to perform this  step. Hormonal injections trigger the ovaries so that they can produce multiple eggs for further procedures.  When eggs are developed, it is retrieved with the cather a tool used to retrieve eggs from the ovaries. When eggs are retrieved then sperm are retrieved from the male partner on the same day. Both eggs and sperm are combined in the laboratory dish to form an embryo which is implanted into the uterus of the woman.  After embryo transfer, pregnancy test is performed to see the results of the IVF. This test is performed 12 days later right after the procedure of embryo transfer.    How much does it cost? The cost of IVF starts from $3000 and it can range up to $6000 depending on multiple factors such as the location of the centre, success rate, IVF doctor charges, medication charges, procedure charges, screening and tests charges, additional services charges such as egg donor, sperm donor, egg freezing, embryo freezing, etc. The cost of IVF varies on patient’s condition and complexity of the case too.  How does female fertility change with age? Female fertility starts to decline gradually after the age of 30 and more rapidly after 35. The two key reasons are: This decline directly impacts natural conception and IVF success rates. IVF Success Rates by Age: What do the numbers say? Success rates for IVF are closely tied to age, particularly the age of the woman’s eggs (whether her own or from a donor). IVF Success Rates Using Own Eggs Here’s a general breakdown of IVF success rates by age, using a woman’s own eggs. These are average statistics and may vary depending on the clinic, the woman’s health, and other factors: The success rate of IVF based on age  The success rate of IVF women with age between 20 to 25 years   Up to 98% women with age between 25 to 35 years   Up to 95% women with age between 35 to 40 years    Up to 73% women with age between 40 to 45 years   40 to 70% women with age between 45 to 50 years   35 to 60% IVF Success Rates with Donor Eggs Older women often achieve higher success with donor eggs. Donor egg IVF has a success rate of: 50–70% per cycle, regardless of the recipient’s age. Because the donor is usually a young, healthy woman, the eggs are of higher quality, which significantly boosts the chances of a healthy pregnancy. IVF After Age 35: What you need to know? IVF for Women Aged 35 to 37 This is a transitional phase. While many women still respond well to fertility medications, egg quality begins to decline, and the risk of miscarriage increases slightly. IVF success is still relatively good in this age group. IVF for Women Aged 38 to 40 This age bracket is considered “advanced maternal age.” The number of viable eggs begins to drop more significantly, and embryo quality becomes a concern. Some women may need more IVF cycles to achieve pregnancy. IVF for Women Over 40 Women over 40 face steeper fertility challenges. Even with high doses of medication, ovarian response may be poor. The risks of miscarriage, implantation failure, and chromosomal abnormalities rise. Factors that affect IVF success in older women 1. Ovarian Reserve Ovarian reserve refers to the number and quality of eggs remaining in the ovaries. Older women usually have a lower reserve, which can be evaluated through: A low ovarian reserve may indicate a need for donor eggs or aggressive stimulation protocols. 2. Uterine Health The uterus generally maintains its ability to carry a pregnancy longer than the ovaries produce viable eggs. However, older women may develop conditions like fibroids, endometrial polyps, or adenomyosis, which can affect implantation. 3. General Health Chronic conditions such as hypertension, diabetes, and thyroid problems can complicate IVF treatment and pregnancy. A full medical assessment is essential before treatment. 4. Lifestyle Factors Treatment options for older women seeking IVF 1. Conventional IVF with Own Eggs For women in their late 30s to early 40s, IVF using their own eggs may still be viable if ovarian reserve and egg quality are acceptable. 2. Mini or Mild IVF This is a gentler protocol using lower doses of medication, suitable for women with low ovarian reserve or those who don’t respond well to conventional stimulation. 3. IVF with Donor Eggs Women with poor egg quality or reserve often turn…

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