Surrogacy in India by Krishna Sreeja@lexcliq

As per our Indian culture and tradition, the pregnacy stage in every women’s life is one of the most important phase. The next generation enters the world only after this phase. This is the most beautiful happening in Human world.

But some women can’t conceive because of the medical complications like –


  • Medical problems with uterus.
  • If she had a hysterectomy (an operation to remove the uterus).
  • Conditions that make pregnancy impossible or risky  such as severe heart disease.

In such a situations, there is a method through which women with the above problems can have their own child without pregnancy. This method is called Surrogacy.


“Surrogacy is a method of assisted reproduction where intended parents work with a surrogate, who will carry and care for their baby until birth”. Intended parents use surrogacy to start or grow their families when they can’t do so on their own.

So, surrogacy became the boon to couple who can’t carry/ give birth to their own child. At the same time, this method became the business.

There are two types of Surrogacy.The type of surrogacy is determined by how the embryo is created. The two types are

1.Traditional Surroogacy: It refers to when a surrogate’s biological eggs are used to get pregnant and deliver the baby for another couple. Here, surrogate is genetically related to   the baby.

2. Gestational Surrogacy : Here, the donor eggs  and IVF can be used. This is much more common  within the fertility industry.

In traditional surrogacy, there arises some legal issues and emotional constraints, but in case of Gestational Surrogacy, these issues are very less.

In India, commercial surrogacy was banned in 2015. Commercial Surrogacy is like business between the surrogate and the couple. The surrogate mothers make this as their livelihood. Everyone knows the pain, a women goes through whe she is giving a birth to a child. What if she has to suffer with that pain for her life time. Is it good for her health…? Obviously, it is not.. Before 2015, India was a popular destination for Surrogacy. Now, in India only altruistic Surrogacy is legal. The couple need to pay for the medical expenses and insurance cover of the surrogate. Here, the surrogacy is done only on the humanitarin ground but not for money.

But the method of Surrogacy  was misused by most of the women.  The women who don’t want to undergo through labour pains or don’t wan’t to get shape out after the pregnancy are also (actually mostly) adopting the surrogacy.

On the other hand, this became a boon to  infertile couple and same-sex couple. This gives them a beautiful opportunity to have a child of their blood.

In 2016, Surrogacy (Regulation) bill was introduced and passed by Loksabha, but the bill was lapsed owing to adjournment Sine die of the parliament session. Again, it was introduced in Lok Sabha in 2019, but it would require to be passed by the Rajya Sabha and also requires presidential assent.

The features of the Bill:

  • It provides for constitution of surrogacy boards at the national as well as state levels to ensure effective regulation.
  • It seeks to allow ethical altruistic surrogacy to the intending infertile Indian married couple between the age of 23-50 years for female and 26-55 years for male.
  • Only Indian couples who have been legally married for at least 5 years would be allowed to opt for surrogacy.
  • It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy. It also provides that intending couples should not abandon the child born out of surrogacy under any condition.
  • It also stipulates a separate eligibility criterion for the surrogate mother.
  1. The surrogate must be a close relative of the intending couple and be a married woman having a child of her own.
  2. She should between the age of 25-35 years, not have been surrogate earlier and must be certifiably mentally and physically fit.
  • On the legal status of a surrogate child, the Bill states that any child born out of a surrogacy procedure shall be the biological child of the intending couple.
  1. The new born child shall be entitled to all rights and privileges that are available to a natural child.
  • The Bill also seeks to regulate functioning of surrogacy clinics. All surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.
  • The Bill provides for various safeguards for surrogate mothers. One of them is insurance coverage for sometime to cover not only the period of pregnancy but after that also.

It also specifies that no sex selection can be done when it comes to surrogacy.

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