Altruistic Surrogacy in India: Navigating Costs, Laws, and Processes

Surrogacy, the practice where a woman carries and delivers a child for another person or couple, has been a subject of much debate and regulation globally. India, with its unique blend of traditional values and modern medical advancements, has carved a significant place in the surrogacy landscape. This blog delves into the specifics of altruistic surrogacy in India, examining the costs, legal framework, and the process involved.

Understanding Altruistic Surrogacy

Altruistic surrogacy is when the surrogate mother receives no financial compensation beyond medical expenses and insurance coverage. This form of surrogacy contrasts with commercial surrogacy, where the surrogate is paid for her services. In India, altruistic surrogacy is the only legal option following the Surrogacy (Regulation) Act, 2021.

Surrogacy Costs in India

While commercial surrogacy previously attracted many international clients due to its relatively lower costs compared to Western countries, the shift to altruistic surrogacy has changed the financial dynamics. Here are some key expenses associated with altruistic surrogacy:

1. Medical Costs: This includes fertility treatments, prenatal care, delivery, and postnatal care. The cost of IVF treatment can range from ₹1,00,000 to ₹2,50,000 per cycle.
2. Legal Fees: Ensuring that all legalities are adhered to is crucial, and legal fees can range from ₹50,000 to ₹1,00,000.
3. Insurance: Comprehensive health insurance for the surrogate, covering any complications, is mandatory. This can cost around ₹50,000 to ₹1,00,000.
4. Miscellaneous Expenses: This includes transportation, accommodation for the surrogate if she does not live locally, and other incidental costs.

Overall, the cost of altruistic surrogacy in India can vary widely but generally ranges between ₹3,00,000 to ₹5,00,000, significantly lower than in many Western countries, albeit without the financial benefit to the surrogate herself.

Legal Framework for Surrogacy in India

The Surrogacy (Regulation) Act, 2021, lays down stringent guidelines to regulate surrogacy practices in India. Here are the key provisions:

1. Eligibility: Only Indian couples who have been married for at least five years and are aged between 23-50 years (for the wife) and 26-55 years (for the husband) can opt for surrogacy. They must also prove infertility.
2. Surrogate Eligibility: The surrogate must be a close relative of the intended parents, married, have at least one child, and be aged between 25-35 years. She can only be a surrogate once in her lifetime.
3. Altruistic Nature: Surrogates are only entitled to medical expenses and insurance. Any other form of compensation is prohibited.
4. Legal Contracts: A legally binding contract covering all aspects of the surrogacy arrangement is mandatory.
5. Ethical Committees: All surrogacy procedures must be approved by a state-level Surrogacy Board, ensuring adherence to ethical practices.

The Surrogacy Process in India

The surrogacy process in India involves several meticulous steps, each critical to ensure the health and rights of both the surrogate and the intended parents. Here is a step-by-step breakdown:

1. Medical Evaluation: Both the intended parents and the surrogate undergo comprehensive medical evaluations to assess their health and suitability for the process.
2. Legal Clearance: A legal contract outlining the responsibilities and rights of both parties is drafted and signed. This contract is then reviewed and approved by the Surrogacy Board.
3. Matching with a Surrogate: The intended parents are matched with a surrogate, usually a close relative, following the legal eligibility criteria.
4. Fertility Treatment: The process typically involves IVF, where the intended mother's eggs (or donor eggs) are fertilized with the intended father's sperm (or donor sperm), and the resulting embryo is implanted into the surrogate’s uterus.
5. Pregnancy and Monitoring: Throughout the pregnancy, the surrogate receives regular medical care to ensure the health of both her and the baby.
6. Birth and Legal Procedures: After the birth, legal procedures are completed to transfer parentage rights to the intended parents.

Conclusion

Altruistic surrogacy in India, guided by the Surrogacy (Regulation) Act, 2021, presents a regulated and ethical approach to helping couples struggling with infertility. While the shift from commercial to altruistic surrogacy has introduced new dynamics, India remains a significant player in the surrogacy domain due to its advanced medical infrastructure and relatively lower costs. Navigating through the process requires careful attention to legal and medical details, ensuring a positive outcome for all parties involved.