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What is Surrogacy ?

When a woman agrees to carry and deliver your baby for you, she is referred to as the host or surrogate, and the process is known as surrogacy. Our experienced team of fertility experts will guide and support you throughout the whole surrogacy process.

Types of Surrogacy

Gestational surrogacy : In this surrogacy process, a surrogate carries a pregnancy achieved through in vitro fertilization (IVF), wherein an embryo from the intended parent or a donated egg or sperm is transferred to the surrogate uterus. The surrogate has no genetic connection to the child in the gestational surrogacy process.

Traditional surrogacy: In the traditional surrogacy process, the surrogate carries pregnancy achieved through artificial insemination wherein the surrogate mother’s egg is fertilized with the intended father’s sperm, making her and the intended father, genetic parents.

1 ) Choose a Center for Surrogacy

Selecting a desired and well-equipped fertility hospital or center is the first and foremost step when one is considering surrogacy

2) Select a surrogate mother

After short-listing a surrogacy centre, the next step for the couple is to choose an eligible female that fulfils all the criteria of becoming a surrogate mother.

3 ) Sign Legal Contract

The third step is to sign a legal contract as per the guidelines of the Indian Surrogacy Bill 2016. Where a woman agrees to carry the child of another couple in her womb who are not capable to give birth to their own child.

4) Retrieve egg, sperm (self or donor)

In the retrieval process esp. egg retrieval, after 8 to 12 days of taking the medicine, an injection (trigger) is administered to assist with the final maturation of the egg and loosening of the egg from the follicular wall.

5 ) IVF (Fertilize egg and sperm to form embryo)

In the case of the IVF process, the procedure includes five elaborative steps where it starts from ovarian stimulation and ends with pregnancy tests are conducted by our fertility experts.

6) Transfer embryo in surrogate's uterus

After the compilation of the fertilisation process, embryos are transferred into the uterus of the surrogate mother using a small tube called a Catheter.

7 )Confirmation of Surrogacy

In the case of the IVF process, the procedure includes five elaborative steps where it starts from ovarian stimulation and ends with pregnancy tests are conducted by our fertility experts.

8) Regular Checkups

Regular check-ups are conducted by the center, where both the couple and the surrogate mother are guided for the whole 9 months.

9 ) Baby delivery and handover to parents

In the case of surrogacy, after the delivery, and as per the signed contract, the newborn is handed over to the couple. 

When one should go for surrogacy?

Here are various conditions that lead the way to surrogacy 

  • History of hysterectomy (surgical removal of the uterus) for some medical indications such as endometrial cancer or cervical cancer
  • Congenital or acquired uterine abnormalities
  • Women with multiple fibroids with failed fertility treatment attempts
  • Absence of uterus like in Mayer-Rokitansky-Kuster-Hauser syndrome (a disorder with the absence of uterus at birth)
  • Women with recurrent implantation failure
  • Severe medical conditions like heart or renal diseases make pregnancy risky and are contraindication of pregnancy
  • Biological impossibility to conceive
  • Women with repeated miscarriage, and
  • Medical Problems with the uterus

Legal guidelines as per Indian Surrogacy Bill 2016

  • Infertility: The Bill permits surrogacy only for couples who cannot conceive a child naturally. The procedure is not allowed in case of any other medical condition that may prevent a woman from delivering a baby. 


  • Eligibility Certificate: The surrogate mother and the intending couple need eligibility certificates from the appropriate authority. The certificate of eligibility of the intending couple is issued upon the fulfilment of the following conditions:

(a) the couple must be Indians and at least married for five years;

(b) Wife is of age between 23 to 50 years­ while the husband is aged between 26 to 55 years;

(c) There should not be any surviving child (biological, adopted or surrogate), except if the child is mentally or physically challenged or suffers fro­m a life-threatening disorder;

(d) such other conditions that regulations in place may specify.

  • Relationship with Surrogate Mother: The surrogate mother must be the intending couple’s ‘close relative’. The Bill does not define the term’ close relative’. 


  • Other Conditions About Surrogate Mother: The age of the surrogate mother is required to be between 25-35 years; she cannot be a surrogate more than once in her lifetime and must have at least one child of her own.


  • Insurance and Medical Expenses: Insurance coverage of the surrogate mother to be compulsorily provided by the intending parents, along with other medical expenses.


  • Abortion: Compliance with provisions of Medical Termination of Pregnancy Act, 1971, the competent authority’s approval and the surrogate mother’s permission are required. No consent is required from the intending couple to abort. 


  • Ban on Commercial Surrogacy: The Bill prohibits commercial surrogacy and allows only altruistic surrogacy, i.e., surrogacy is only allowed when carried out without the presence of any monetary compensation. 


  • Status of Surrogate Child: A child born out of a surrogacy procedure is presumed to be the biological child of the intending couple. Such a child shall have all the rights and privileges available to a natural child under any law for the time being in force.


  • National and State Boards: The central and state governments shall constitute the National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs).


Functions of the NSB include:

(i) Advising the central Government on surrogacy policy

(ii) Laying down the code of conduct of surrogacy clinics

(iii) Supervising the functioning of SSBs.

Functions of the SSBs include: 

(i) Monitoring the implementation of the provisions of the Act

(ii) Reviewing the activities of the appropriate authorities functioning at the state/union territory level.


  • Offences and Punishments: The Bill creates certain offences, which include: 

(i) Undertaking or advertising commercial surrogacy

(ii) Exploiting the surrogate mother

(iii) Selling or importing human embryos or gametes for surrogacy. These offences will attract a penalty of 10 years and a fine of up to 10 lakh rupees. 


  • Some other recommendations include:
  1. i) A surrogate mother need not be a “close relative”.
  2. ii) Deletion of the definition of “infertility” as “the inability to conceive after five years of unprotected intercourse” because it was an unjustifiable delay for a couple to wait for a child.

iii) The order regarding the parentage and custody of the child, issued by a Magistrate, shall be the birth affidavit for the surrogate child 

  1. iv) Widows and divorcees to be allowed to opt for surrogacy.
  2. v) The proposed insurance cover for surrogate mothers is to be increased to 36 months from 16 months.




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