Parenthood via Surrogacy: All about pregnancy via surrogate mother, eligibility, laws & regulation in India

New Delhi: Tinsel town’s yesteryear actress Priety Zinta and her husband Gene Goodenough became proud parents of two newborns today. Their bundle of joy arrived via Surrogacy. The couple have become parents to beautiful twins, thanks to the magic of medical science.

Not just Priety, a lot many Bollywood celebrities have taken help of Surrogate mother for embracing parenthood. Some other powerful names include Shah Rukh, Aamir Khan, Ekta Kapoor & others.

As it comes as big blessing in life of childless couple, here is a primer on Surrogacy, its cost and how laws are laid out in India.

What is Surrogacy?

Surrogacy is an extended arrangement of attaining parenthood via a surrogate mother. The surrogate woman agrees to bear a child for a couple either by will or for some monetary gains. After the birth of child, the couple become the real parents.

Usually, couples or single parent take surrogacy route when

– it is medically impossible for mother to conceive
– pregnancy is medically impossible either due to medical risks involved
– a single person wants to have a child.

Types of Surrogacy — Traditional & Gestational

There are two types of Surrogacy – namely Traditional Surrogacy & Gestational Surrogacy.

Traditional as well as Straight Surrogacy is a method in which pregnancy is achieved via artificial or natural insemination and continues until the baby is delivered.

Traditional Surrogacy is not allowed in India and remains barred by law.

In Gestational Surrogacy (also called host surrogacy), the procedure involves creation of an IVF (In-vitro fertilisation) embryo and then its implantation in the uterus of surrogate woman.

Mother’s eggs and father’s semen are fertilized artificially and then the embryo is placed in surrogate, who carries the baby in her womb till birth.

Which couple are eligible for Surrogacy?

The couple wanting to become parents via Gestational Surrogacy need to have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.

However, not all the intending parents fulfil this eligibility.

Only those are able to pursue surrogacy route, who fulfil below conditions

– Couple must be Indian citizens & must be married for 5 years
– Husband age must be between 26-55 while that of wife be 23-50 years
– They must not have any child of their own (biological/adopted/surrogate)

Woman for surrogacy would also need to fulfil below criteria:

– She should be close relative of intending couple
– She must be 25-35 and must have a child of her own
– Possess a certificate of medical & psychological fitness for surrogacy

Surrogacy laws in India

Surrogacy is a hotly debated issue across the world and therefore regulations vary from country to country. Many nations consider it an outright offence and hence have put a blanket ban on the practice. Some nations have allowed altruistic surrogacy but not commercial surrogacy.

In India, gestational surrogacy is permitted. According to Surrogacy Bill 2019, only those couples can benefit from surrogacy who are unable to conceive baby naturally or the mother’s physical complications prevents her from having a baby.

Detailed clauses are mentioned in the law to prevent exploitation of any party. The couple must be Indians and must be married for 5 years while the surrogate must be between 25-35 and she can’t have more than one surrogacy in her lifetime. For the surrogate child, he or she is treated equally as biological child of the couple and will be entitled to all rights and privileges available to a natural child.

Regulation and Penalties

The surrogacy law in India allows only altruistic surrogacy and prohibits commercial surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than medical expenses and insurance coverage during the pregnancy.

There are also provisions for imposing penalty on intending parents as well as surrogate mother if anyone flouts stipulated regulations.

Offences include – Exploiting Surrogate mother, abandoning or disowning a surrogate child, importing embryo for surrogacy. The penalty for such offences include an imprisonment of 10 years or fine upto Rs 10 lakh.