Apply Now
hc8meifmdc|2000c3870cf1|IndianEggDonors|eggdonors_pages|Content|0xfbffb3b3000000002807000001001400
 

Navigating the Changing Laws of Surrogacy in India Navigating the Changing Laws of Surrogacy in India:

A Comprehensive Guide for 2023

Need a Surrogate

Apply Online
Surrogate mother cost in india

Surrogate mother cost in india

The journey of surrogacy opens an incredible pathway to parenthood. Yet, an inevitable question for intended parents is, "What are my options and how much does surrogacy cost?

In this comprehensive guide, we compare surrogacy in India, discuss the new restrictions and compare with various overseas options as a solution.

What is meaning of surrogacy in Hindi?

Surrogacy in Hindi is known as Surrogacy in Hindi is known as The term refers to the process where a woman (known as the surrogate mother) agrees to bear a child for another person or couple, who will become the child's parent(s) after birth.
 

What is Surrogacy?

What is Surrogacy?

Surrogacy involves a woman, known as the surrogate, carrying, and delivering a child for another individual or couple, the intended parents. It is a solution for those unable to conceive or carry a child due to various medical or personal reasons.

How Much Does Surrogacy Cost? The Factors Involved

How Much Does Surrogacy Cost? The Factors Involved

Before diving into the numbers, it is important to know that the cost of surrogacy can vary based on several factors:

 
 
  • Type of Surrogacy: Costs differ depending on whether it is traditional or gestational surrogacy. “Gestational surrogacy” means a practice whereby a surrogate mother carries a child for the intending couple through implantation of embryo in her womb and the child is not genetically related to the surrogate mother.
  • Surrogacy Agency Fees: Fees charged by surrogacy agencies for their services.
  • Medical Costs: Expenses related to the medical process, including IVF and prenatal care.
  • Legal Fees: Costs for legal representation and contract development.
  • Surrogate Expenses: Compensation to the surrogate, along with related expenses such as travel, maternity clothing, and health insurance.
  • Cost by Location:
  • How much surrogacy cost in india? Surrogacy typically costs around $39,000 in India, $49,000 in Ghana, $59,000 in Georgia and Ukraine, and $120,000 in the USA.

New Surrogacy Laws in India

What is Surrogacy?

Is surrogacy legal in india?

 
 
What is Surrogacy?

What is Surrogacy?

The landscape of surrogacy in India, once a thriving hub for this path to parenthood, has undergone significant transformation due to consecutive new laws in 2021, 2022, and now in 2023. This guide delves into these legal changes, their implications for intended parents and surrogates, and steps individuals must undertake in this new context.

 

The Evolution of Surrogacy Laws in India

The Evolution of Surrogacy Laws in India

A Decade of Change: Tracing the Evolution of Surrogacy Laws in India from 2010 to 2023

 

Is surrogacy legal in india?

Since the beginning of the 21st century, India had been a popular destination for surrogacy due to fewer regulations and lower costs. However, the landscape of surrogacy in India has experienced significant changes over the past decade, transforming from an unregulated field into a heavily regulated one. This guide explores the chronological evolution of surrogacy laws in India from 2010 to the present day.

 
 
Section 1: Surrogacy in India: The Early 2010s

Section 1: Surrogacy in India: The Early 2010s

Up until the mid-2010s, India was considered the "surrogacy capital of the world". The practice was legal and unregulated, attracting many foreign intended parents. However, concerns about potential exploitation of surrogates and unethical practices prompted the government to review its stance on surrogacy.

 

Section 2: The Initial Changes: 2015-2020

Section 2: The Initial Changes: 2015-2020

In 2015, the Indian government issued a directive prohibiting foreign intended parents from entering surrogacy arrangements in India. This change was codified into law in 2020 with the Surrogacy (Regulation) Act, which limited surrogacy services to Indian citizens and introduced regulations to protect the rights of surrogates.

 

Section 3: The Surrogacy (Regulation) Act 2021

Section 3: The Surrogacy (Regulation) Act 2021

In 2021, the Surrogacy (Regulation) Act was further revised. The new laws restricted surrogacy services to married Indian couples who have been legally married for at least five years, and who could provide a certificate of proven infertility. Furthermore, surrogacy was limited to a 'close relative' of the couple, adding a layer of complexity to finding a suitable surrogate.

 

Section 4: The Consecutive Amendments: 2022 and 2023

Section 4: The Consecutive Amendments: 2022 and 2023

Amendments in 2022 and 2023 further tightened surrogacy regulations. The laws now stipulate that surrogates must be married, have at least one biological child, and be within the age group of 25 to 35 years. Commercial surrogacy was outlawed, with only altruistic surrogacy allowed, and surrogates were only permitted to carry one pregnancy in their lifetime for surrogacy purposes.

 

Key provisions of the 2019 bill included:

  • Surrogacy is only legal for intending couples who have been married for at least five years and are between 23-50 years old for women and 26-55 years old for men.
  • Surrogacy is only legal for intending couples who are unable to conceive a child after five years of trying or for whom pregnancy is medically unsafe or likely to result in life-threatening conditions or serious permanent injury.
  • Commercial surrogacy, where a surrogate mother is paid beyond reasonable medical expenses and insurance, is prohibited.
  • Only altruistic surrogacy, where the surrogate mother is a 'close relative' of the intending couple and receives no financial reward beyond reasonable medical expenses and insurance, is permitted.
  • The surrogate mother must be a married woman who has already given birth to a healthy child.
  • Both the intending couple and the surrogate mother need eligibility certificates from the appropriate authority. (“A Womb of One's Own: Privacy and Reproductive Rights”)
  • There will be a National Surrogacy Board at the central level and State Surrogacy Boards and appropriate authorities in the States and Union territories.

These laws marked a significant departure from India's previous stance, where commercial surrogacy was allowed, and India was considered a global destination for surrogacy services.


Section 5: Understanding Eligibility for Surrogacy in India

Section 5: Understanding Eligibility for Surrogacy in India

What do women in india think of surrogacy?

Under the new laws, surrogacy is restricted to heterosexual Indian couples who have been legally married for at least five years and have a medical certificate of proven infertility. Additionally, they should not have any surviving child, barring exceptions for mentally or physically challenged children or those with life-threatening disorders.

Surrogacy is now limited to married Indian women who have at least one child of their own and are between the ages of 25 to 35. They can only be a surrogate once and must be a close relative to the intended parents. These restrictions aim to safeguard the surrogate but have inevitably reduced the pool of potential surrogates.

No poll has asked Indian women what they think of the new laws, considering that many can as a result no longer hae he child they have pined for.

Detailed discussion of Surrogate Laws

Qualifications to use a surrogate

New Medical Requirements for Intended Parents to use a surrogate:

 
 
Medical indications necessitating gestational surrogacy

Medical indications necessitating gestational surrogacy. - A woman may opt for surrogacy if;

  • (a) she has no uterus or missing uterus or abnormal uterus (like hypoplastic uterus or intrauterine adhesions or thin endometrium or small uni-cornuate uterus, T-shaped uterus) or if the uterus is surgical, removed due to any medical conditions such as gynecological cancer.
  • (b) intended parent or woman who has repeatedly failed to conceive after multiple In vitro fertilization or Intracytoplasmic sperm injection attempts. (Recurrent implantation failure).
  • (c) multiple pregnancy losses resulting from an unexplained medical reason. unexplained graft rejection due to exaggerated immune response.
  • (d) any illness that makes it impossible for woman to carry a pregnancy to viability or pregnancy that is life threatening.
  • (e) The couple undergoing surrogacy should have both gametes from the intending couple and donor gametes is not allowed. (“MOHFW revises Surrogacy (Regulation) Rules | SCC Blog”) In case of single woman (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.
 

Regulation of surrogacy and surrogacy procedures

The New Laws: Regulation of surrogacy and surrogacy procedures.

 

Regulation of surrogacy and surrogacy procedures

The Law as stated in the 2020 Act: On and from the date of commencement of this Act,

  • (i) no place including a surrogacy clinic shall be used or cause to be used by any person for conducting surrogacy or surrogacy procedures, except for the purposes specified in clause
    (ii) and after satisfying all the conditions specified in clause
    (iii). (“Sri H Siddaraju vs The Union of India on 21 April 2023 - Indian Kanoon”)
  • (ii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed, or availed of, except for the following purposes, namely: — (“Highlights and brief analysis of the Surrogacy (Regulation) Bill, 2020 ...”)
    "(a) when an intending couple has a medical indication necessitating gestational surrogacy:" (“Sri H Siddaraju vs The Union of India on 21 April 2023 - Indian Kanoon”) "Provided that a couple of Indian origin or an intending woman who intends to avail surrogacy, shall obtain a certificate of recommendation from the Board on an application made by the said persons in such form and manner as may be prescribed." (“jftLVªh lañ Mhñ, yñ (, u 04@0007@2003 21 - The Gazette of India”) Explanation. —For the purposes of this sub-clause and item
      (i) of sub-clause
      (iii) of clause
      (iii) the expression (“jftLVªh lañ Mhñ, yñ (, u 04@0007@2003 21 - The Gazette of India”) “Gestational surrogacy” means a practice whereby a surrogate mother carries a child for the intending couple. (“Surrogacy (Regulation) Act, 2021 | SCC Blog - SCC Online”) (“Surrogacy (Regulation) Act, 2021 | SCC Blog - SCC Online”) through implantation of embryo in her womb and the child is not genetically related to the surrogate mother.
    (b) when it is only for altruistic surrogacy purposes.
    (c) when it is not for commercial purposes or for commercialization of surrogacy or surrogacy procedures.
    (d) when it is not for producing children for sale, prostitution, or any other form of exploitation; and
    (e) any other condition or disease as may be specified by regulations made by the Board.
  • (iii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed, or initiated, unless the Director or in-charge of the surrogacy clinic and the person qualified to do so are satisfied, for reasons to be. recorded in writing, that the following conditions have been fulfilled, namely: —
      (a) the intending couple is in possession of a certificate of essentiality issued by the appropriate authority, after satisfying itself, for the reasons to be recorded in writing, about the fulfilment of the following conditions, namely: —
      (I) a certificate of a medical indication in favor of either or both members of the intending couple or intending woman necessitating gestational surrogacy from a District Medical Board. Explanation. —For the purposes of this item, the expression “District Medical Board” means a medical board under the Chairpersonship of Chief Medical Officer or Chief Civil Surgeon or Joint Director of Health Services of the district and comprising of at least two other specialists, namely, the chief gynecologist or obstetrician and chief pediatrician of the district.
      (II) an order concerning the parentage and custody of the child to be born through surrogacy, has been passed by a court of the Magistrate of the first class or above on an application made by the intending couple or the intending woman and the surrogate mother, which shall be the birth affidavit after the surrogate child is born. and
      (III) insurance coverage of such amount and in such manner as may be prescribed in favor of the surrogate mother for a period of thirty-six months covering postpartum delivery complications from an insurance company. or an agent recognized by the Insurance Regulatory and Development Authority established under the Insurance. Regulatory and Development Authority Act, 1999; 41 of 1999.
      (b) the surrogate mother is in possession of an eligibility certificate issued by the appropriate authority on fulfilment of the following conditions, namely:
      (II) a willing woman shall function as a surrogate mother and be permitted to undergo surrogacy procedures as per the provisions of this Act: Provided that the intending couple or the intending woman shall approach the appropriate authority with a willing woman who agrees to function as a surrogate mother.
      (III) no woman shall function as a surrogate mother by providing her own gametes.
      (IV) no woman shall function as a surrogate mother more than once in her lifetime: Provided that the number of attempts for surrogacy procedures on the surrogate mother shall be such as may be prescribed; and
      (V) a certificate of medical and psychological fitness for surrogacy and surrogacy procedures from a registered medical practitioner.
      (c) an eligibility certificate for intending couple is issued separately by the appropriate authority on fulfilment of the following conditions, namely: —
      (I) the intending couple are married and between the age of 23 to 50 years in case of female and between 26 to 55 years in case of male on the day of certification.
  • (VI) the intending couple have not had any surviving child biologically or through adoption or through surrogacy earlier: Provided that nothing contained in this item shall affect the intending couple who have a child and who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure. and approved by the appropriate authority with due medical certificate from a District Medical Board; and
  • (VII) such other conditions as may be specified by the regulations.
 

5. Prohibition of conducting surrogacy.

5. Prohibition of conducting surrogacy.

No person including a relative or husband of a surrogate mother or intending couple or intending woman shall seek or encourage to conduct any surrogacy or surrogacy procedures on her except for the purpose specified in clause (ii) of section 4.

 

6. Written informed consent of surrogate mother.

6. Written informed consent of surrogate mother.

  • (1) No person shall seek or conduct surrogacy procedures unless he has— (i) explained all known side effects and aftereffects of such procedures to the surrogate mother concerned; and (ii) obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understands.
  • (2) Notwithstanding anything contained in sub-section (1), the surrogate mother shall have an option to withdraw her consent for surrogacy before the implantation of human embryo in her womb.
 

7. Prohibition to abandon child born through surrogacy.

7. Prohibition to abandon child born through surrogacy.

The intending couple or intending woman shall not abandon the child, born out of a surrogacy procedure, whether within India or outside, for any reason whatsoever, including but not restricted to, any genetic defect, birth defect, any other medical condition, the defects developing subsequently, sex of the child or conception of more than one baby and the like.

 

8. Rights of surrogate child.

A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for the time being in force.

 

9. Number of oocytes or human embryos to be implanted.

9. Number of oocytes or human embryos to be implanted.

The number of oocytes or human embryos to be implanted in the uterus of the surrogate mother for this purpose of surrogacy, shall be as may be prescribed.

 

10. Prohibition of abortion.

No person, organization, surrogacy clinic, laboratory or clinical establishment of any kind shall force the surrogate mother to abort at any stage of surrogacy except in such conditions as may be prescribed.


11. Insurance coverage.

  • (1) The intending woman or couple shall purchase a general health insurance coverage in favor of surrogate mother for a period of thirty-six months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, (41 of 1999) for an amount which is sufficient to cover all expenses for all complications arising out of pregnancy and covering post- part-term delivery complications.
  • (2) The intending couple/woman shall sign an affidavit to be sworn before a Metropolitan Magistrate or a Surrogacy (Regulation) Act, (47 of 2021). (“Surrogacy (Regulation) Rules, 2022 - Bare Acts - Live”)
 

12. Number of attempts at surrogacy procedures

The number of attempts of any surrogacy procedure on the surrogate mother shall not be more than three times." (“Surrogacy (Regulation) Rules, 2022 - Bare Acts - Live”)


13. Consent of a surrogate mother.

The consent of a surrogate mother shall be as specified in Form 2.


14. Number of embryos to be implanted in the uterus of the surrogate mother.

The gynecologist shall transfer one embryo in the uterus of a surrogate mother during a treatment cycle:
Provided that only in unusual circumstances up to three embryos may be transferred. (“Surrogacy (Regulation) Rules, 2022 | SCC Blog”) (“Surrogacy (Regulation) Rules, 2022 | SCC Blog”)


Section 4: The Process to Undertake Surrogacy in India

Section 4: The Process to Undertake Surrogacy in India

Given the strict regulations, undertaking surrogacy in India has become a more complex process. It begins with verifying eligibility followed by obtaining a certificate of essentiality and a certificate of eligibility issued by the appropriate authority. After a surrogate has been arranged, a surrogacy agreement must be drawn up, and only then can assisted reproductive technology (ART) services be used.

 
 
 

Actionable Tip 4:

Understanding the legal process is paramount. It is advisable to seek professional guidance to ensure all steps are correctly followed, protecting all parties involved.

 
 
Surrogacy in India - Conclusion

Conclusion

The surrogacy landscape in India has undergone a sea change from being an open market to a heavily regulated practice. While these legal reforms aim to safeguard the interests of surrogates and ensure ethical practices, they have also made the surrogacy process more complex and restrictive for intended parents. As the legal scenario continues to evolve, it is imperative for all stakeholders to stay informed about the changing laws.

 

Solution

The new laws have made having a surrogacy in India extremely difficult, even for married couples. For singles and LGBTQ couples it is now impossible to do surrogacy in India.

As a result, many Indians are now looking at doing surrogacy overseas. The map below illustrates surrogacy laws by country where you can consider doing surrogacy to have your baby.

 
Surrogacy legal is green, yellow limited, light blue limited, dark blue banned.

Surrogacy legal is green, yellow limited, light blue limited, dark blue banned.

Surrogacy in Ghana

Surrogacy in Ghana

In Ghana, the average cost of surrogacy is around $49,000, making it a more affordable option compared to the USA.

Legal Risks in Ghana: While surrogacy is practiced in Ghana, the country does not have specific laws regulating it. This legal ambiguity can potentially lead to ambiguity and should be considered by the intended parents.

 
Surrogacy Cost in Ukraine

Surrogacy Cost in Ukraine

Ukraine has become an attractive option for surrogacy with costs ranging between $40,000 and $60,000.

Legal Risks in Ukraine: Despite Ukraine's favorable laws regarding surrogacy, the ongoing political instability and conflict with Russia pose significant risks. It is critical to stay updated on the current situation and understand how it could potentially affect the surrogacy process.

 
Surrogacy in the USA

Surrogacy in the USA

In the USA, the cost of surrogacy can range from $100,000 to $150,000, or even more. This is largely because of high medical and legal expenses, as well as the surrogate's compensation. Here is a rough breakdown:

  • Agency Fees: $20,000 - $40,000
  • Medical Costs (including IVF): $20,000 - $30,000
  • Legal Fees: $10,000 - $15,000
  • Surrogate Compensation: $35,000 - $60,000
  • Other Expenses (travel, insurance, etc.) : $10,000 - $15,000

Please note these costs are estimates and can vary based on specific circumstances.

 

Is India or America better for surrogacy?

Many parents of Indian origin prefer the USA despite the higher costs of $120,000 because:

  • Benefit from the state-of-the-art IVF medical equipment,
  • The ability to select the sex of the child -whether male or female,
  • The fact that the child is born as a USA Citizen. The child gets a USA passport and can then get a long-term visa from the Indian consulate in the USA to be taken by the parents to India.
  • This can also serve as a pathway to parents seeking to migrate to the USA.
  • The easy availability of Indian donor eggs in the USA allowing them to use an egg donor to have a beautiful healthy baby.
  • None of the surrogacy restrictions under Indian law are applicable in the USA.

Legal Risks in the USA: The USA’s surrogacy laws are complex, with varying regulations across different states. Some states fully permit and regulate surrogacy, while others restrict or even ban the process. It is crucial to consult with a legal expert to understand the specific laws applicable to you.

 
The Role of Surrogacy Agencies

The Role of Surrogacy Agencies

While surrogacy agencies like us do add to the overall cost, they play a pivotal role in guiding intended parents through the complex journey of surrogacy. They provide surrogate screening, legal support, and assistance with medical procedures.

 

The Importance of Choosing the Right Surrogacy Agency: Indian Egg Donors or Surrogacy4All

Choosing a surrogacy agency like IndianEggDonors.com or our affiliate, Surrogacy4All, can simplify and secure the surrogacy journey. Being an FDA registered agency, licensed in the USA, and in operation since 2008, Surrogacy4All offers a wealth of experience and a proven history with hundreds of successful surrogacies.

Surrogacy4All provides a full range of services, including comprehensive surrogate screenings, coordination of legal support, and assistance with medical procedures. Their resolute team is committed to guiding intended parents through each step of the surrogacy process, ensuring a stress-free and rewarding experience.

 
The Role of Surrogacy Agencies

Conclusion

While understanding "how much does surrogacy cost?" is crucial for prospective parents considering surrogacy, it is equally important to consider the overall value of partnering with a reputable and experienced agency like Surrogacy4All. The financial commitment towards surrogacy is indeed significant, but with the right guidance, it becomes a rewarding investment into the most profound joy of parenthood.

 
 
The Role of Surrogacy Agencies
 
PatientsMedical Team

Who we are?

We are a leading Indian owned and managed global surrogacy and egg donation agency based in New York City, offering personalized, physician-guided, affordable services since 2008. We offer American standard IVF services overseas for only $49,000, the lowest worldwide cost, as well as similar services in the USA for $120,000+.

Our practice was set up in 2008 and is FDA registered, and fully insured and licensed by the State of New York.

Our medical practice www.PatientsMedical.com in New York, near Mt. Sinai Hospital in NYC, provides reproductive medicine support to Intended Parents looking for non-donor options for medical issues.

 

We provide surrogacy services under www.surrogacy4all.com and egg donation services under www.IndianEggDonors.com. For further assistance please contact us at 1-212-661-7177 or email us at info@indianeggdonors.com

 

All rights reserved to Indian Egg Donors