Surrogacy treatment in India – To the rescue of patients suffering from infertility

Infertility is an increasingly disturbing issue for the country. With more and more cases cropping up, it has become vital to provide the corresponding healthcare and treatments for it. ART (Assisted Reproductive Technologies) have gone a long way in addressing this issue, and IVF treatment remains one of the most popular techniques of assisted reproduction to tackle infertility. Many a times though, IVF treatments also fail repeatedly if there’s a problem with the women’s uterus. After repeated cycles, if there’s still no success, you could opt for a surrogacy birth. So how does surrogacy treatment work in India? Basically, there are 2 types of surrogacy. One is traditional surrogacy, while the other is gestational surrogacy.

In traditional surrogacy, the sperm of the male is combined with the eggs of the surrogate female and the embryo thus formed is put in the surrogate woman’s uterus, who then carries the pregnancy to term. In this case, the surrogate mother is the biological mother of the child whereas the sperm donor is the biological father. This method of surrogacy was extremely common a couple of years back. However, it caused a lot of parental right issues post the delivery of the baby. There is always a conflict of interest that arises when the surrogate mother is also the biological mother. Legally, the baby belongs to her, and laws in many countries would recognise her as the rightful mother and the male sperm donor as the legal father. As such, the couple opting for surrogacy may face problems in obtaining the legal rights to the baby, and may even have to resort to legally adopting it. Since traditional surrogacy is wrought with such complications, it is widely discouraged. And today, after the advent and progress in IVF treatments, it has almost become extinct.

Gestational surrogacy, which is a popular and preferred method of surrogacy treatment in India, involves using the IVF treatment to transfer the embryo to the surrogate mother. In gestational surrogacy, the couple wanting a baby undergoes an IVF cycle, where the female’s eggs are combined with the male’s sperm in a lab to form an embryo, which then undergoes culturing for a few days. This cultured embryo is then transferred to the surrogate woman’s uterus who carries the pregnancy to term. This process is relatively much less complicated than traditional surrogacy, because the couple opting for surrogacy are the biological parents and the surrogate mother is simply the ‘birth mother.’ This technique is pretty straightforward and avoids most of the entanglements of traditional surrogacy.

Many couples in India today opt for gestational surrogacy to fulfil their dreams of having a baby. Surrogacy is also preferred when a woman’s uterus is inhospitable for the embryo to survive in, or if she’s had a hysterectomy done, or suffers from health conditions like diabetes or heart issues. Women above 40 who have a lesser chance of conceiving also prefer to opt for a surrogate to increase the chances of a successful pregnancy and delivery.

There are certain norms that must be followed before a woman can be authorised to be a surrogate.

Firstly, she must have had successfully given birth to atleast one child prior to this treatment.
She must be physically fit and healthy.
She must be checked for diseases like HIV, syphilis, gonorrhoea, hepatitis B, Chlamydia, among others.
She must be between 21 to 40 years of age.
She must undergo a mental and psychological evaluation to prevent any issues that may occur while handing over the baby.

Depending on the laws of the country you belong to, it is advisable that you meet a lawyer and draw up a proper legal contract that clearly outlines all the terms and leaves no scope for ambiguity whatsoever. This will prevent any possible complications that may arise and ensure that the process transpires smoothly.

There are certain agencies you could go to for surrogacy treatment in India. They have a list of women interested to volunteer as surrogates, and also have them previously vetted to meet all the norms. However, this may cost you quite a bit. On an average, a surrogacy treatment costs anywhere between Rs. 60,000 to 1.2 lacs. You could also choose a relative or an eligible member of your family if they’re willing, to be the surrogate for you. This may be a bit awkward but it costs much less and is way more affordable.

Either way, irrespective of what you choose, make sure you hire a lawyer who keeps you updated with the reproductive laws of your country, which usually tend to be confusing. Know your rights, get in touch with the right fertility expert, plan everything well in advance, and you could well be on your way to bringing home your very own baby!

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