Surrogacy in India: Process, Legal Aspects & Emotional Support

By Dr. Aamir Shaikh, MD.DGO.(Mumbai) FCPS, DGO, DFP (CPS Mumbai)Fertility Super Specialist – K.G.N Test Tube Baby Hospital, Latur

Introduction

Surrogacy offers a ray of hope to couples unable to conceive or carry a pregnancy. In India, this advanced reproductive method is tightly regulated by legal and ethical standards to ensure transparency, safety, and emotional well-being for all parties involved.

At K.G.N Test Tube Baby Hospital, Latur, we guide intended parents through the entire journey — from medical treatment to legal documentation and emotional support. Here's everything you need to know about surrogacy in India.

What Is Surrogacy?

Surrogacy is an assisted reproduction method in which a woman (surrogate mother) agrees to carry and deliver a child for another couple or individual, who will become the child’s legal parent(s) after birth.

There are two main types:

• Gestational Surrogacy: The surrogate carries an embryo created using the egg and sperm of the intended parents or donors. The surrogate has no genetic connection to the child.

• Traditional Surrogacy (now banned in India): The surrogate uses her own eggs — now legally prohibited.

  
  

Who Can Opt for Surrogacy in India?

As per The Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is allowed in India under specific conditions:

✅ Intended Parents Must Be:

• Indian citizens

• Legally married for at least 5 years

• Between 23–50 years (female) and 26–55 years (male)

• Medically proven to be infertile or unable to carry pregnancy

❌ Not Eligible:

• Foreigners, NRIs or PIOs

• Single parents, live-in couples, or LGBTQ+ individuals (as of current law)

• Those opting for commercial surrogacy (payment beyond medical expenses)

Who Can Be a Surrogate?

• A close relative of the couple (as per the Act)

• Aged 25–35 years, married, with at least one biological child

• Must undergo psychological and medical screening

• Should not have been a surrogate more than once

The Surrogacy Process – Step by Step

1. Medical & Psychological Screening

Both the intended parents and the surrogate undergo thorough screening to ensure physical and mental readiness.

2. Legal Documentation

A surrogacy agreement is signed between the couple and the surrogate, covering responsibilities, medical support, expenses, parental rights, and more.

3. IVF & Embryo Transfer

Egg and sperm (of parents or donors) are fertilized in the lab, and the resulting embryo is transferred into the surrogate’s uterus.

4. Pregnancy Monitoring

The surrogate’s health and the baby's growth are closely monitored through regular check-ups at our hospital.

5. Delivery & Parental Rights

Once the baby is born, the intended parents are declared the legal parents, and the surrogate has no parental claim.

Legal Aspects of Surrogacy in India

The Surrogacy (Regulation) Act, 2021 – Key Highlights:

• Only altruistic surrogacy is legal

• Ban on commercial surrogacy

• Ban on foreign nationals and same-sex couples

• Compulsory National/State surrogacy boards approval

• Birth certificate names intended parents

Surrogacy without proper documentation is punishable by law. Therefore, it is essential to proceed under expert medical and legal supervision.

Emotional Support Throughout the Journey

Surrogacy is not just a medical process — it’s an emotional experience for everyone involved.

At K.G.N Test Tube Baby Hospital, we provide:

• Counseling sessions for intended parents and surrogates

• Psychological assessments for readiness and support

• Ongoing emotional guidance during the pregnancy

• Support groups and post-delivery care

We believe that compassion is just as important as clinical care during this sensitive journey.

Conclusion by Dr. Aamir Shaikh

Surrogacy in India is a carefully regulated but emotionally fulfilling path for couples struggling with infertility. With the right clinic, a clear legal framework, and ethical support, it is possible to experience the joy of parenthood — even when nature presents obstacles.

At K.G.N Test Tube Baby Hospital, Latur, we ensure your journey is safe, transparent, and emotionally enriching from start to finish.

📞 Book Your Surrogacy Consultation Today📍 K.G.N Test Tube Baby Hospital, Latur📲 Call: 8177948326