Understanding Altruistic Surrogacy

Altruistic surrogacy involves a surrogate mother carrying a child for the intending couple without any monetary compensation, except for medical expenses and insurance coverage related to the pregnancy. This approach contrasts with commercial surrogacy, where the surrogate receives financial remuneration beyond medical costs.​

Legal Framework: Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, effective from January 25, 2022, governs surrogacy practices in India. Key provisions include:​

  • Prohibition of Commercial Surrogacy: Only altruistic surrogacy is permitted; commercial surrogacy is banned to prevent exploitation.​

  • Eligibility Criteria: Defines specific requirements for intending couples and surrogate mothers.

  • Regulation of Clinics: Surrogacy procedures must be conducted in registered clinics under strict guidelines.

  • Legal Safeguards: Ensures the rights and welfare of all parties involved, including the child.

Eligibility Criteria

For Intending Couples

To qualify for altruistic surrogacy, intending couples must meet the following conditions:​

  • Marital Status: Legally married Indian couple.​

  • Age:

    • Female Partner: 23 to 50 years.

    • Male Partner: 26 to 55 years.​

  • Child Status: Must not have any surviving biological, adopted, or surrogate child. Exceptions exist for children who are mentally or physically challenged or suffer from life-threatening disorders with no permanent cure.​

  • Medical Indication: A certificate from a District Medical Board confirming the necessity of surrogacy due to medical reasons.​

  • Legal Documentation:

    • Certificate of Essentiality: Includes the medical indication certificate, a court order regarding parentage and custody, and insurance coverage for the surrogate.

    • Certificate of Eligibility: Issued by the appropriate authority upon meeting all criteria.​

For Single Women

Single women (widowed or divorced) can opt for surrogacy if they:​

  • Age: 35 to 45 years.​

  • Child Status: Do not have any surviving child.​

  • Medical Indication: Require surrogacy due to medical reasons, certified by a District Medical Board.​

For Surrogate Mothers

A woman can act as a surrogate mother if she meets the following criteria:​

  • Marital Status: Married with at least one child of her own.​

  • Age: 25 to 35 years.​

  • Relation: Preferably a close relative of the intending couple.​

  • Medical and Psychological Fitness: Certified by a registered medical practitioner.

  • Surrogacy History: Has not been a surrogate mother previously.​

  • Gamete Donation: Does not donate her own gametes for the surrogacy.​

Surrogacy Process

1. Application and Documentation

  • Intending Couple: Submit applications for certificates of essentiality and eligibility to the appropriate authority.​

  • Surrogate Mother: Apply for a certificate of eligibility, including medical and psychological fitness certificates.​

2. Legal Procedures

  • Court Order: Obtain an order from a Magistrate’s court regarding the parentage and custody of the child to be born through surrogacy.​

3. Medical Procedures

  • Embryo Implantation: Conducted in a registered surrogacy clinic, ensuring the surrogate does not use her own gametes.​

  • Pregnancy Monitoring: Regular medical check-ups and support throughout the pregnancy.​

4. Post-Delivery

  • Child Custody: As per the court order, the child is handed over to the intending couple.​

  • Insurance Coverage: The surrogate mother is entitled to insurance coverage for 36 months to address any postpartum complications.

Regulations for Surrogacy Clinics

Surrogacy procedures must be conducted in clinics registered under the National Assisted Reproductive Technology and Surrogacy Board. These clinics are responsible for:​

  • Ensuring Compliance: Adherence to all legal and medical guidelines.​

  • Record Maintenance: Keeping detailed records of procedures and participants.​

  • Reporting: Submitting regular reports to the appropriate authorities.​

Ethical Considerations and Safeguards

The Act emphasizes the protection of surrogate mothers and children by:​

  • Prohibiting Commercial Surrogacy: To prevent exploitation and commodification.​

  • Ensuring Informed Consent: Surrogate mothers must be fully informed and voluntarily consent to the process.​

  • Limiting Surrogacy Instances: A woman can act as a surrogate mother only once in her lifetime.