Kiran Ivf Macherla

Surrogacy

The Surrogacy (Regulation) Act, 2021 was enacted by the Indian Parliament in December 2021, accompanied by the Surrogacy (Regulation) Rules, 2022, which govern surrogacy procedures.

According to these rules:
(i) The couple pursuing surrogacy must use their own gametes. However, if the District Medical Board certifies that either partner suffers from a medical condition requiring donor gametes, surrogacy using donor gametes is allowed, provided the child is conceived with at least one gamete from the intending couple.
(ii) A single woman, whether a widow or divorcee, opting for surrogacy, must use her own eggs along with donor sperm to undergo the procedure.

Key highlights of the Surrogacy Act 2021 include:

  1. “Altruistic surrogacy” denotes surrogacy where no payment or monetary benefit is provided to the surrogate mother, except for medical and prescribed expenses and insurance coverage.
  2. “Commercial altruistic surrogacy” involves unlawful commercialization, such as buying or selling human embryos, gametes, or surrogacy services for money or benefits, excluding prescribed medical costs and insurance.
  3. “Couple” means a legally married Indian man aged over 21 and woman aged over 18.
  4. “Insurance” refers to a guarantee by a company or individual to cover medical expenses, health risks, or complications for the surrogate mother during altruistic surrogacy.
  5. “Intending couple” is a couple with a medical need for gestational altruistic surrogacy aiming to become parents by this method.
  6. “Intending woman” refers to an Indian widow or divorcee aged 35 to 45 seeking altruistic surrogacy.
  7. “Altruistic surrogacy” is when a woman carries and delivers a child for the intending couple, intending to hand over the child after birth.
  8. “Altruistic surrogacy clinic” includes any clinic, center, laboratory, or ART bank providing altruistic surrogacy or related assisted reproductive technology services.
  9. “Altruistic surrogacy procedures” encompass all medical and gynecological treatments related to handling human gametes or embryos in surrogacy.
  10. “Altruistic surrogate mother” is a willing woman carrying a child genetically related to the intending couple or woman, following the Act’s conditions.
  11. Insurance coverage for surrogate mothers is mandated for 36 months postpartum, covering delivery complications, provided by authorized insurers under the Insurance Regulatory and Development Authority of India.
  12. Only women who are ever-married, aged 25 to 35 at implantation, and already have a child can act as surrogate mothers or egg donors.
  13. Willing women may undergo altruistic surrogacy as per the Act’s provisions.
  14. The intending couple or woman cannot abandon a child born via altruistic surrogacy for any reason, including genetic or birth defects, sex, or multiple births.
  15. A child born through altruistic surrogacy is legally recognized as the biological child of the intending couple or woman, entitled to all rights equivalent to a natural-born child under Indian law.

All altruistic surrogacy and IVF treatments at Kiran Infertility Centre and its branches follow the regulations set forth by the Surrogacy (Regulation) Act, 2021.

Translate »