Surrogacy by definition means that an arrangement supported by legal arrangement, where by a women agrees to deliver/ labour on behalf of another couple or person, who will become the child’s parents after birth.

INDICATIONS FOR SURROGACY

          Delivery by surrogacy is usually done when the couple –

• • Do not wish to carry themselves
  • When the pregnancy is medically impossible due to various reasons like absent uterus, previous hysterectomy etc
  • Risks of pregnancy may be life threatening to the mother
  • When a single man or a same sex couple wish to have a child

METHODS OF SURROGACY
There are 2 types of surrogates – Traditional or Gestational. Gestational surrogacy is more common and is less legally complex. These are differentiated by the genetic origin of the egg.

Traditional Surrogacy: Here the egg of the surrogate is fertilised by the sperm of the intended father or a donor sperm via natural or artificial insemination. In this case, the child is genetically related to the surrogate.

Gestational Surrogacy: Here the egg and the sperm are fused using assisted methods like IVF and then implanted into the surrogate. Embryo is usually created using the intended parent’s egg and sperms or from donor egg or donor sperm & is genetically unrelated to the surrogate or the women in whom it is implanted for pregnancy. Hence she is also called as ‘Gestational carrier’.

ELIGIBILITY CRITERIA

          There are strict criteria which define who can be a surrogate and who can go for surrogacy defined by the law in India.

Who are eligible for surrogacy:

Only Indian couples legally married for at least 5 years could opt for surrogacy. The married couple should be between the age of 23 to 50 years for females and 26 to 55 years for men.

Who can be a surrogate in India:

• • The surrogate must be a close relative of the intending couple.
  • She must be a married women having a child of her own.
  • The age of the surrogate should be between 25 to 35 years.
  • She should not have been a surrogate earlier.
  • Must be certified healthy both mentally and physically.
    
    

RISKS OF SURROGATE PREGNANCY

Embryo implanted in gestational surrogacy have the same risk as anyone getting pregnant by IVF. Preimplantation risks of embryo like genetic effects, consequences of invasive manipulation of embryo are same as that occurs in IVF. There is also higher chances of multiple pregnancies. Gestational carriers tend to be healthier and more fertile than those that get pregnant by oocyte donation. So there is less risk of hypertension, gestational diabetes, placenta previa or abruptions.

SUCCESS RATE

          19% – 33% of embryo transfer in gestational surrogates will successfully become pregnant.

LEGAL ISSUES

The legality of surrogacy varies from country to country. Many countries do not have laws which specifically deal with surrogacy. Some countries ban surrogacy outrightly while others ban commercial surrogacy but allow altruistic surrogacy (in which the surrogate is not given any money or financial compensation). In India, the surrogacy law bans commercial surrogacy and makes it a non-bailable and non – compoundable offence to undertake commercial surrogacy. Doing so might lead to an imprisonment for a term which may extend up to 10 years and with a fine which may extend up to ten lakh rupees. The surrogacy law also specifies who can go for surrogacy , with whom and in what manner. Surrogacy can only be carried out through registered licenced agencies and not by individuals themselves. For further clarification, please refer to Surrogacy (Regulation) Act, 2021 & the Assisted Reproductive Technology (Regulation) Act 2021 (ART Act)