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…
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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, and advanced ART technologies such as IVF, ICSI, IUI, cryopreservation, PGT, PGD, etc. These factors make up the overall surrogate cost. The average cost of surrogacy in India ranges between ₹12,00,000 to ₹20,00,000.
With the help of the following table, you will understand the cost of surrogacy in India:
| Surrogacy Procedure in India | Cost of surrogacy in India (INR) |
| Surrogacy using own eggs & own sperm | Rs. 12 Lakh To 18 Lakh |
| Surrogacy by donor eggs and own sperm | Rs. 13 Lakh to 19 Lakh |
| Surrogacy with donor sperm and own eggs | Rs. 14 Lakh to 20 Lakh |
| Surrogacy (cost) & Embryo Transfer (Cost) | Up to Rs. 4 Lakh |
| Surrogate Mother Selection (Cost)+ Blood Tests (Cost) + Surrogate Mother Preparation (Cost) | Up to Rs. 2 Lakh |
| Normal Vaginal Delivery Cost | Up to Rs. 70,000 |
| Cesarean section or C-section Delivery Cost | Up to Rs. 1 Lakh to 2 Lakh |
| Housing for Surrogate mother (Cost) + Food (Cost) | Up to Rs. 3 Lakh |
The following will help you to understand the surrogacy treatment cost in different states of India:
| States of India | Cost of surrogacy in different states of India (INR) |
| Surrogacy cost in Andheri | 12 to 20 lakh |
| Surrogacy cost in Hyderabad | 12 to 18 lakh |
| Surrogacy cost in Bangalore | 14 to 20 lakh |
| Surrogacy cost in Delhi | 13.4 to 23.7 lakh |
| Surrogacy cost in Mumbai | 14.65 to 24 lakh |
| Surrogacy cost in Punjab | 10.08 to 20 lakh |
| Surrogacy cost in Haryana | 12.64 to 20 lakh |
| Surrogacy cost in Rajasthan | 15.9 to 20 lakh |
| Surrogacy cost in Uttar Pradesh | 14 to 21 lakh |
| Surrogacy cost in Madhya Pradesh | 14 to 20.02 lakh |
| Surrogacy cost in Dehradun | 14.91 to 20 lakh |
| Surrogacy cost in Bihar | 13.5 to 20 lakh |
| Surrogacy cost in Jharkhand | 14 to 20 lakh |
| Surrogacy cost in Assam | 12 to 18 lakh |
| Surrogacy cost in Gujarat | 14 to 20.8 lakh |
| Surrogacy cost in Tamil Nadu | 14.47 to 23 lakh |
| Surrogacy cost in Andhra Pradesh | 14 to 20 lakh |
| Surrogacy cost in Himachal Pradesh | 14.06 to 20.62 lakh |
What is the success rate of surrogacy?
The success rate of surrogacy in India ranges from 80 to 98%. This range can vary on multiple factors, including the age of the couple, especially women, the number of IVF attempts, previous health conditions, the skills and expertise of doctors, the use of advanced technology and reproductive tools. The success rate can also vary depending on the patient’s condition and the complexity of the case.
With the help of the following table, you will understand the surrogacy success rate in India:
| Surrogacy treatment in India | Success rates of surrogacy in India |
| Surrogacy with self-eggs | 50 to 90% |
| Surrogacy with self-sperm | 55 to 80% |
| Surrogacy with donor eggs | 70 to 95% |
| Surrogacy with donor sperm | 73 to 97% |
| Surrogacy with FET | 60 to 65% |
| Surrogacy with ICSI | 50 to 65% |
What should you consider when selecting the top surrogacy clinic in India?
We understand how difficult it is to select the best option for your infertility treatment, but do not get tense, as one of the best options is going to be suggested to you, where the patient collaborates with highly experienced and qualified doctors. The patient will find it comfortable as the staff will always stand by them, away from all the worries that come to their mind. We offer all types of infertility treatment, so contact us today! To start, consider the following factors while selecting a location:
i. The patient-focused assistance of the centre
ii. Professionals with extensive education and experience
iii. Infrastructure that is well-built for maximum comfort and happiness
iv. The entire medical staff treats you with respect
v. Assists you throughout the entire process from the beginning
vi. Offers transparent fees and processes
You have the option of choosing surrogacy for all of these! So, reach out to us at +91- 9899293903 | Email ID: info@www.selectivf.com
Why pick Select IVF for surrogacy in India?
Several infertile couples trusted the select IVF for their bright future. We care for every patient who has issues of infertility. We understand the phase of infertility, and that’s why we want to assist you in your dream of achieving parenthood.
The prices of surrogacy treatment are reasonable at our centre, We ensure the highest success rates, we maintain transparency, and ensure personalised care and support to our patients. Get the treatment from our clinic and make your life stress-free by hearing the giggling of your newborn.
Here’s why Select IVF is best for surrogacy treatment in India:
- The high success rate of surrogacy and other infertility treatments
- Several infertility treatments for different infertility issues
- Use of cutting-edge technologies
- Equipped with highly skilled and educated doctors
- Affordable prices for surrogacy and other infertility treatments
- Ensures utmost comfort and support during the procedure
Last words
The article contains information regarding the Legal Rights of Intended Parents in Surrogacy. Surrogacy means an infertility treatment that can help you resolve your case of infertility. This treatment involves the surrogate mother who carries the baby on behalf of the intended mother. If intended couples want, they can bring their own surrogates, or a surrogacy agency will help you to find the best surrogate mother who can deliver you a healthy child.
So surrogacy helps you to live the dream of parenthood. However, surrogacy can be expensive for some couples, but when you get surrogacy from us, then financial barriers are also not able to stop you from achieving the wish of parenthood.
FAQs (Frequently Asked Questions)
What is an intended parent in surrogacy?
Intended parents are those parents struggling with infertility. These parents struggle with male or female infertility, and they look for a solution from the fertility centre, and there they are known as or considered as intended parents.
What are the rights of a surrogate mother?
The rights of a surrogate mother include carrying the child for the intended parents. When intended parents are not able to carry a child naturally then they take help from a surrogate mother as a substitute for the intended mother.
Who is the intended father in Surrogacy?
The intended father in surrogacy is a partner of the intended mother. The person whose sperm is used in surrogacy is the intended father. Sometimes, in the case of poor quality of sperm, sperm donors are used.
Where to get surrogacy?
Select IVF is one of the best surrogacy centre that provides top-notch quality surrogacy and other fertility services to infertile couples. This surrogacy centre has a high success rate and delivers surrogacy at an affordable cost. Moreover, the centre also comes with a variety of fertility services such as IVF, ICSI, IUI, egg donor, sperm donor, PGD, etc.
