As per the latest law of surrogacy, India allows altruistic surrogacy. It’s a surrogacy in which compensation is not allowed to the surrogate mother. Altruistic surrogacy in India is an amazing act of love and selflessness. It goes beyond medicine; it is a personal journey wherein a woman carries a child for someone who cannot conceive, and does so without expecting any payment. This type of surrogacy is done with the purest intention of giving and lending support, often with close relatives or family friends who want to help fulfil a dream of parenthood

In a country where family relationships and emotions run deep, altruistic surrogacy is unique. It shows the strength of family ties and the profound compassion that exists among Indian families. For intended parents who have gone through endless challenges in their fertility journey, it provides a ray of hope, while for the surrogate, it is an opportunity to change a person’s life through a simple act of love and kindness.

In Addition to our latest law of surrogacy,  intended couples have to bring their own surrogate mother. Only Indian couples and OCI cardholders are allowed to undergo surrogacy in India. So Surrogacy Regulation Act 2021 regulates surrogacy in India.

So this current law creates the outline and regulations for surrogacy in India. This law helps protect the interests and rights of parties involved in surrogacy. This also helps to prevent the exploitation of surrogate mother. The law banned traditional surrogacy and commercial surrogacy. These surrogacies are criminalised by the law. If someone practised this surrogacy then they will be punished. 
In this article, we will delve deeper into the Surrogate Mother Legal in India. Through our introduction, we made it clear about the surrogacy law that regulates surrogacy. Now you will know the surrogate mother rules and regulations as you read the article.

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What are the features of the Surrogacy Regulation Act 2021?

The features of the Surrogacy Regulation Act 2021 include the following: 

• Allow altruistic surrogacy and gestational surrogacy. 
• Commercial surrogacy and traditional surrogacy are banned in India. 
• Only married heterosexual couples are allowed, and widowed/divorced women whose age is between 35 to 45 are allowed.  
• Foreign couples are not allowed to undergo surrogacy. However, if they hold an OCI card, then they are allowed to undergo surrogacy. 
• Egg donor, sperm donor, embryo donor and freezing are allowed under specific conditions. 
• Parental rights are provided to intended parents after the birth of the baby. However, strict laws and regulations are followed for the smooth operation of surrogacy.  

What are the criteria needed to follow to have Surrogate Mother Legal in India?

The following criteria need to be followed to have surrogacy in India: 

• Only altruistic surrogacy (no compensation provided to surrogate mother) and gestational surrogacy (eggs and sperm from intended couples are collected to form an embryo, which is implanted into the uterus of the gestational surrogate) are allowed. 
• Surrogacy can be performed only by clinics that are registered for ART techniques. So, an ART-registered clinic can perform surrogacy in India. 
• Single women who are divorced or widowed and aged between 35 to 45 years are allowed to undergo surrogacy. However, a genetic link is a must.   
• Married Indian women whose age is between 25 to 30 years and married men whose age is between 26 to 55 years are allowed to get surrogacy. 
• OCI cardholders and Indian couples are only allowed to get surrogacy. Foreign couples are not allowed to undergo surrogacy until they have Indian citizenship. 
• Couples should not have any biological or surviving children or adopted children. 
• Couples must have the infertility certificate from a recognised and reputed centre to show the infertility and get treatment. So, couples must have a certificate of essentiality from the appropriate authority. 
• A couple should come with a certificate of medical indication necessity for gestational surrogacy from the district medical board. 
• Parentage order that must be passed by a first-class magistrate. 
• Surrogate mother must have a certificate of performing surrogacy from the appropriate authority. 
• Couples can use an egg donor and sperm donor if their condition requires one. 
• Commercial surrogacy and traditional surrogacy are not allowed. 

What kind of surrogacy is popular among citizens of India?

Altruistic surrogacy in India is a form of surrogacy in which the expectant mother agrees to surrogacy for no fee other than medical costs and insurance, which will be covered. This surrogacy is popular among citizens of India, and it is an act of kindness which has an element of empathy or compassion, usually by a family member or a close friend, aimed at aiding an individual or a couple to become parents.

Altruistic surrogacy permits reimbursement for medical and legal expenses as well as prenatal care, unlike commercial surrogacy, which pays the surrogate for her services. This restriction helps ensure that the process remains emotionally motivated and not driven by finances.

The only legal form of surrogacy in India is altruistic surrogacy, as stated in the Surrogacy (Regulation) Act, 2021, which outlaws commercial surrogacy. This law promotes altruistic arrangements to balance the rights of the surrogate and the intended parents, while fostering ethical and emotional norms.

How much does it cost?

Since commercial surrogacy is banned in India, only altruistic surrogacy is legally permitted under the Surrogacy (Regulation) Act, 2021. In this type of surrogacy, no financial payment is offered to the surrogate mother aside from the recovery of medical expenses and insurance. However, intended parents still incur some essential costs during the process.

The following table helps you to understand the cost of altruistic surrogacy in India: 

The following will help you to understand the altruistic surrogacy treatment cost in different states of India: 

Factors influencing the altruistic surrogacy cost in India 

A variety of factors play a crucial role in fluctuating the total cost of altruistic surrogacy in India. The following points describe the factors affecting the altruistic surrogacy cost in India: 

• Types of surrogacy: There are only two types of surrogacy allowed, gestational surrogacy and altruistic surrogacy for the treatment of infertility. If you opt for altruistic surrogacy, then it may reduce the cost of surrogacy as you have to bring your own surrogate mother. Hence, eliminating the expense of surrogate compensation. 
• Altruistic Surrogate mother compensation: The surrogate mother carries the baby on behalf of the intended mother in gestational surrogacy. So it is required to pay her compensation. For altruistic surrogacy, there is no compensation for the altruistic surrogate mother. 
• Doctor charges: the fertility specialist handles the case of intended couples from start to end. They even take consultations and sometimes provide free counselling to couples to tackle emotional breakdown during the treatment. 
• Medical expenses: It include the cost of medication, processing costs, screening, and testing charges, etc. If the patient requires the extra treatment, then it is also added to the total cost of altruistic surrogacy in India. 
• Legal charges: The altruistic surrogacy procedure requires a contract for the straightforward procedure. This contract is formed by the lawyers who charge the amount and contribute to the surrogacy cost formation. This process requires the consent of both parties intended couple and the surrogate mother. The contract will be reviewed by the lawyer. A highly skilled and qualified lawyer charges more as compared to other lawyers. 

Who is a surrogate mother in surrogacy?

A surrogate mother is a woman who carries and gives birth to a child for another person or couple, often through a formal agreement. A formal contract is required before the surrogacy. This contract protects the rights of the involved parties and prevents further complications that can happen in the future. The selection of a surrogate mother can be due to various reasons, such as infertility or medical conditions. Surrogacy involves a deep level of commitment, trust, and understanding between the surrogate and the intended parents. There are different types of surrogacy, including traditional and gestational surrogacy, each with its own unique aspects and considerations.

Are they part of surrogacy?

Yes, surrogate mothers are a part of surrogacy. When couples are not able to carry a child through the natural process, then surrogates are appointed through a surrogacy centre or sometimes, intended couples bring their own surrogate mother. This depends on what type of surrogacy the intended parents are taking. If it is gestational surrogacy, then the surrogacy centre will provide the surrogate mother. If it is altruistic surrogacy, then intended couples will bring their own surrogate mothers. In altruistic surrogacy, there’s no compensation to the surrogate mother. 

Is a surrogate mother legal in India?

Yes, surrogate mother is legal in India under a surrogacy program. In India, only altruistic surrogacy and gestational surrogacy are allowed; that’s why only gestational surrogate mothers and altruistic surrogate mothers are legal in India. A gestational surrogate mother gets compensation for the medical expenses, and compensation is not provided to an altruistic surrogate mother. 

What’s the role of a surrogate mother in surrogacy?

The role of a surrogate mother in a surrogate mother in surrogacy includes carrying a child for intended parents on behalf of the intended mother. So she willingly and with the consent of her husband carries the child for the couple. 

Type of surrogate mother 

The types of surrogates in India include the following:

• Gestational surrogate mother: eggs and sperm are collected from the intended couple and fertilised together to make an embryo, which is implanted into the uterus of the gestational surrogate mother. This doesn’t include a genetic link between the gestational surrogate mother and child. The whole procedure is performed through IVF
• Traditional surrogate mother: eggs from the surrogate and sperm from the intended father are taken. Hence, creating a genetic link between the surrogate mother and child, which is why these surrogates are banned. 
• Altruistic surrogate mother: This type of surrogate mother comes from the side of the intended couple. They do not get compensation for their work. 

Which type of surrogate is best?

An altruistic surrogate mother and a gestational surrogate mother are the best surrogates. It’s because both are affordable and don’t create a genetic link between the child and the surrogate mother. Intended couples will be the legal parents of the child after the birth. 

Process of performing surrogacy with the help of a surrogate mother 

The procedure of surrogacy in India includes the following steps: 

Consultation is the first step that starts the procedure of surrogacy in India. In consultation, there’s a discussion between the intended couples and the surrogacy practitioners about the cause of infertility, suitable treatment, the success rate of treatment, and the cost of treatment. 

In the next step, the screening and testing of the surrogate mother are initiated. These tests help to determine the eligibility of the surrogate mother to perform surrogacy. The results of these tests help to select the best surrogate mother. 

The legal procedure is the next step. It involves the formation of a contract between the surrogate mother and the intended couple. The contract assists in the smooth operation of the surrogacy procedure. 

After that, the medical procedure of surrogacy is performed. This medical procedure also includes the steps that are mentioned below: 

• Ovary stimulation: In which the ovaries are stimulated to produce multiple eggs. 
• Egg retrieval: Multiple eggs are retrieved once eggs are mature. This step involves the catheter, a tool used to retrieve the eggs. 
• Sperm collection: This is one of the essential steps that is performed on the same day of egg retrieval. Sperm is collected from the male partner through the help of masturbation and treatment named ICSI, IUI, etc. 
• Artificial insemination: In which eggs and sperm are combined to facilitate fertilisation and result in an embryo. 
• Embryo transfer: An embryo created through fertilisation is implanted into the uterus of the surrogate mother to develop pregnancy. 
• Pregnancy test: After 12 days, the pregnancy of the surrogate mother is tested with the help of a blood test. 

Surrogate mother charges India 

Usually, a surrogate mother charges India covered in surrogacy. An estimate of 5 to 6 lakhs is paid to the surrogate for her hard work. However, this range of charge depends on the type of surrogate mother. If it is altruistic surrogacy, then no compensation for the surrogate mother. However, if it is a gestational surrogate mother, then there is compensation for the surrogate mother. Gestational surrogate mothers are paid for their role. 

Their price includes the basic compensation, additional compensation based on pregnancy, and coverage of all surrogacy expenses. The following table helps you to understand the surrogate mother charges India: 

Surrogate mother base compensation in India 

Surrogate mother cost in India ranges from 200000 to 300000 INR. This cost varies based on multiple factors, and we told you one of the main factors is the type of surrogate mother you are choosing. There are two types of surrogate mothers. One is a traditional surrogate mother, and the other is a gestational surrogate mother. However, traditional surrogate mothers are not allowed as traditional surrogacy is not allowed in India. 

In India, gestational surrogates are allowed. They charge around 4 to 7 lakh. Their cost includes the medical expense and other types of allowances. Maternity clothing, medication, tests, screening for checkups, travel expenses, and emotional and psychological support through counselling, etc, are factors on which the compensation provided to the surrogate mother depends. 

Another type of surrogate mother is an altruistic surrogate mother; these surrogate mothers are brought in by intended parents. They do not charge money. In short, compensation is not provided to them. 

Factors affecting the surrogate mother cost in India 

The cost of a surrogate mother is influenced by many factors, including the following: 

• Type of surrogacy: It’s because The type of surrogacy will let you know if you have to pay compensation to the surrogate or not. If you choose a traditional surrogate through traditional surrogacy, then it is not allowed. If you choose an altruistic surrogate mother through altruistic surrogacy, then no compensation is required, and if you choose a gestational surrogate mother, then you have to pay compensation to the surrogate. So surrogate compensation totally depends on the type of surrogacy. 
• Surrogate mother experience: Fresh surrogate mother charges less as compared to experienced ones. Experienced surrogate mother charges are high. 
• Location: If the location of the surrogate mother is far from the location of the surrogacy centre, then it can create travel expenses. 
• Complexity of the case: The complexity of the case of surrogacy can also influence the cost of a surrogate mother. 

Success rate of surrogate mother in India 

The success rate of a surrogate mother in India depends on factors like the age of the surrogate mother, as younger surrogate mothers have a higher success rate than older surrogates. The success rate of surrogate also depends on intended couples factor such as quality of eggs and sperm. Also, the kind of reproductive tools used for surrogacy. The case of couples and the complexity of their case can also define the success rate. So the success rate of surrogate mother in India ranges from 80 to 97%. 

How successful is altruistic surrogacy in India?

The success rate of altruistic surrogacy in India is based on so many factors including the age of the individual, if the individual is younger age then the success rate increases, the expertise of the doctor and specialist, if the specialist is trained with the required skills and high number of experience results in high success rate, number of IVF attempts, increased number of IVF attempts, results in high success rate. Hence, the success rate of altruistic surrogacy in India ranges from 80 to 98%. 

With the help of the following table, you will understand the altruistic surrogacy success rate in India: 

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: [email protected]

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

Final words 

Our article is about the Surrogate Mother Legal in India. Surrogate mother plays a critical role in offering a biological child to intended parents. She carries the child for the intended couple. In short, on behalf of the intended mother. Her role is to provide a child to intended couples. It takes a lot of effort, challenges, sacrifices and time of the surrogate mother, which is why intended couples and surrogacy centre help the surrogate as much as they can. They cover medical expenses for her and provide compensation to her. However, not every surrogate mother gets compensation, such as an altruistic surrogate mother. 

Altruistic surrogate mothers work in Altruistic Surrogacy in India, which is much more than a medical arrangement; it is an emotional journey based on love and sacrifice. For IVF patients who have struggled with the pain of not being able to conceive for too long, a woman selflessly willing to carry and give birth to their child is a miracle in itself. This is altruistic surrogacy; it highlights humanity’s selfless love, where joy is derived from giving life instead of making financial profit.  

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