Surrogacy means an arrangement in which a woman agrees to pregnancy, achieved through assisted reproductive technology (ART), in which neither of the gametes belongs to her or her husband, with the intention to carry it and hand over the child to the person or persons for whom she is acting as a surrogate.
Surrogate mother means a woman who is citizen of India and is resident in India, who agrees to have an embryo generated from the sperm of a man who is not her husband and the oocyte of another woman, implanted in her to carry the pregnancy to viability and deliver the baby to the couple / individual that had asked for surrogacy.
Surrogacy Agreement means a contract between the person(s) availing of assisted reproductive technology and the surrogate mother.
Traditional surrogacy(Natural or partial surrogacy) is not accepted by Law.
As per new ART and Surrogacy bill 2023, commercial surrogacy is banned in India.
Gestational or IVF or Full surrogacy : in which surrogate carries a pregnancy created by transferring an embryo created by sperm and egg of intended parents (donor sperm or egg can be used ) in IVF lab. The gestational surrogate has no genetic relationship with the child.
Altruistic Surrogacy : Altruistic surrogacy refers to those surrogacy agreements where the surrogate does not receive monetary compensation. As per new ART and Surrogacy bill 2023, surrogate should be in close relation with Intended Parents. As per law commercial surrogacy is banned in India.
As per law commercial surrogacy is banned in India.
✓ Women having naturally functioning ovaries but lack uterus Congenital absence of uterus Prior hysterectomy due to benign or malignant conditions or due to postpartum haemorrhage.
✓ Women with a history of repeated pregnancy loss or repeated IVF failures.
✓ Women with untreatable Asherman syndrome.
✓ Women with medical contraindications to pregnancy.