In all over the world, many couples find they are unable to conceive the children.They are
diagnosed as infertile when pregnancy is not achieved after trying for one year.Though infertility
has its effect drastically in all over the world, there are numerous fertility treatments available at
***Here, surrogacy takes itself as an arrangement between a woman and a couple or individual to deliver a
baby.Women or couples who prefer surrogacy often do so because they are unable to conceive due to
a missing or abnormal uterus, have experienced the numerous pregnancy losses, or have had multiple in
vitro fertilization attempts that have failed.
The surrogacy arrangement is occasionally made through an agency and other times contracted
privately.When looking for a surrogate mother, a couple might employ an agency, or network through
friends and family.Surrogacy arrangements are sometimes made between strangers who never meet,
or between persons who meet occasionally through the process.
Types to Surrogacy
1.Gestational surrogacy (GS): At gestational surrogacy, a surrogate is inseminated with an embryo
created by IVF, employing the egg and sperm of the intended parents.The resulting child is
hereditarily associated to the intended parents, and genetically unrelated to the surrogate.
2.Gestational surrogacy and egg donation (GS/ED): Here, a surrogate is inseminated with an
embryo created by IVF, making use of intended father's sperm and a donor egg.The resulting
child is genetically associated to intended father and genetically unconnected to the surrogate.
3.Gestational surrogacy and donor sperm (GS/DS): A surrogate is inseminated with an embryo
formed by IVF, using intended mother's egg and donor sperm.The resulting child is genetically
related to intended mother and genetically unrelated to the surrogate.
4.Gestational surrogacy and donor embryo (GS/DE): A surrogate is inseminated using donor
embryo; such embryos may be available when others bearing IVF have embryos left over, which
they choose to give to others.The resulting child is genetically not related to the intended
parent(s) and heritably unrelated to the surrogate.
5.Traditional surrogacy (TS): This entails naturally inseminating a surrogate with intended father's
sperm via IUI, or IVF.With this method, the resulting child is heritably related to intended father
and genetically related to the surrogate.
6.Traditional surrogacy and donor sperm (TS/DS): A surrogate is unnaturally inseminated with
donor sperm via IUI, IVF or home insemination.The resulting child is genetically unrelated to the
intended parent(s) and genetically related to the surrogate.
Is Surrogacy for me?
At *** surrogacy may be appropriate if you have a medical condition that gets it
impossible to become pregnant and to give birth.The type of medical conditions that might make
surrogacy necessary for you take in:
• Malformation of the womb
• Recurrent pregnancy loss
• Repeated In vitro fertilization (IVF) implantation failures
Types to Surrogacy
1.Gestational Surrogacy: Most intended parents have a preference for gestational surrogacy
as they feel more secure in recognizing the chances of the surrogate being able to keep their
baby is slim to none.Also, they feel more in control of the surrogacy and pregnancy in general
because they are selecting the genetics of their baby.An advantage to have an egg used by an
ovum donor or the intended mother is that for the surrogate mother, it divides the intricate
emotional issues of being a gestational and genetic donor/mother.Many surrogate mother get
that their friends and family are more interested to their participation in a surrogacy as they
more simply view the child the surrogate carries as belonging to the intended parents due to its
genetic makeup.
2.Commercial surrogacy: This is a form of surrogacy in which a gestational carrier is paid to bear
a child to maturity in her womb and is generally resorted to by well off infertile couples who can
pay for the cost involved or people who save and borrow in order to accomplish their dream of
becoming the parents.This procedure is legal in several countries including in India where due
to the outstanding medical infrastructure, high-international demand and ready availability of
poor surrogates it is attaining industry proportions.Commercial surrogacy is sometimes passed
on by the emotionally charged and potentially offensive terms "Wombs for rent", "Outsourced
pregnancies" or "Baby farms".
What is Chance to have a Baby with Surrogacy?
Yes, it is hard to settle on a success rate for surrogacy, as various factors are relevant, such as:
• The surrogate’s ability to become pregnant
• The age of the egg donor
• The accomplishment of procedures such as IUI and IVF
• The quality of gamete provided by the commissioning couple
Legal issues around Surrogacy in India
Surrogacy entails the legal issues and we recommend that you look for your own legal advice before
forming any decisions.In addition, it is advisable to receive counseling before initiating the surrogacy
process, to help you think about all the questions involved.
1.The Rights of the surrogate
You should keep in mind that the surrogate has the legal right to keep the child, even if it is not
hereditarily related to her.Surrogacy arrangements are not lawfully enforceable, even if a contract has
been signed and the expenses of the surrogate have been paid.
The surrogate will be the legal mother of the child unless or until parenthood is moved to the intended
mother through a parental order.This is because the woman who gives birth is always treated as the
mother, in law.
2.What if the Surrogate Mother changes her Mind?
The surrogate has the legal right to alter her mind and stay the child, even when the baby she gave
birth to is not hereditarily associated to her.Yes, this is not easy for everyone concerned and that is
because it is vital that you believe each other.Make known yourself with the wording of the Surrogacy
Arrangements Act, *** or discuss its implications with your lawyer before proceeding.
3.Becoming the Child’s legal Parents – Parental Orders
If the intended parents desire to become the legal parents of the child, they may either apply to take on
the child, or apply for a parental order.
The effect of the order is to move the rights and obligations of parentage to the intended parents, giving
certain conditions are met.
Applications for a parental order must generally be made to the Court within six months of the birth of
the child.
To get a parental order, at least one of the commissioning couple must be hereditarily associated to the
baby.Couples must be husband and wife, civil partners or two persons who are living as partners.
4.Becoming the Child’s legal Parents – Adoption
If the intended couple cannot apply for a parental order because neither of them are hereditarily related
to the baby, then adoption of the baby is the only option available to them.
If adoption is to be the option used, then a registered adoption agency must be concerned in the
surrogacy process.Therefore, it is important to get the legal advice before you make a decision to
embark on surrogacy.
