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Surrogacy

Surrogacy is an infertility treatment procedure that is suggested by doctors when all other options have been exhausted or are not applicable to the couple.

Let us first understand the basic definitions of the terms in surrogacy…

  1. Surrogacy – Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person.
  2. Traditional and gestational Surrogacy – The surrogate mother may be the child’s genetic mother (called traditional surrogacy), or she may carry the pregnancy after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus (called gestational surrogacy).In general, GarbhaGudi supports and advocates gestational surrogacy only, due to the point on maintaining anonymity about the egg donor.
  3. Commercial and altruistic Surrogacy – If the pregnant woman receives compensation for carrying and delivering the child (besides medical and other reasonable expenses) the arrangement is called a commercial surrogacy, otherwise the arrangement is sometimes referred to as an altruistic surrogacy.
  4. Social parents or Commissioning Parents – They are those that intend to raise the child. They may arrange a surrogate pregnancy because of homosexuality, female infertility, or other medical issues which may make the pregnancy or delivery impossible, risky or otherwise undesirable. The intended parent could also be a single man or woman wishing to have his/her own biological child.

GarbhaGudi does NOT support or advocate cosmetic surrogacy, which is when the social mother is fertile and healthy but does not want to undergo the pain and inconvenience of undergoing pregnancy, labor and delivery.

The process of surrogacy is very simple, though it is drawn out over 10 to 11 months.

Disclaimer

GarbhaGudi does NOT handle surrogacy directly. GarbhaGudi will facilitate the process for a patient who needs surrogacy. GarbhaGudi will only handle the part of IVF treatment within the whole surrogacy process.

The actual process of surrogacy, which includes identifying and qualifying a surrogate, managing the pregnancy after embryo transfer, payments to the surrogate mother and her agent, delivering the baby, legal aspects and documentation related to surrogacy etc., will be handled by our surrogate partner. As a consequence, any concerns, complaints or liabilities arising out of surrogacy process will NOT be handled by GarbhaGudi.

There are risks involved in an IVF process. The success rate of IVF process worldwide is less than 40% per cycle. So there is a possibility that the process may fail in some cases. We expect the patient couple to be aware of this limitation of IVF treatment. The same will be explained in person to the couple.

  1. Once a patient has come to GarbhaGudi for surrogacy, we will explain the whole process to the patient, including costs, timelines, roles and responsibilities.
  2. We will then get the patient to meet our surrogate partner, to understand more about the clinical aspects of surrogacy.
  3. A doctor working for our surrogate partner will do an evaluation of the patient to understand the viability and efficacy of surrogacy.
  4. IVF process will be handled by GarbhaGudi. The doctor can be anybody from the panel that GarbhaGudi currently has. The hospital too can be any of the branches of GarbhaGudi. Once a doctor and a branch is finalized with the patient and the doctor, the same will be continued.
  5. Requirement of donor eggs or donor semen will also be finalized at this point.
  6. GarbhaGudi will take care of identifying the donors (if needed) and any investigations needed for the husband and wife and the complete IVF cycle. Finalizing an egg donor takes about 3 to 4 weeks.
  7. Consent forms and legal approvals for IVF will be done by GarbhaGudi.
  8. Identifying and qualifying a surrogate mother will take about 6 to 8 weeks.
  9. Consent forms and legal documentation for surrogacy will be done by our surrogate partner.
  10. Once the surrogate is identified our surrogate partner, GarbhaGudi will take care of stimulation protocols, synchronizing the period cycles of the donor and the surrogate etc.
  11. OPU and ET will be done at GarbhaGudi.
  12. We follow Frozen Embryo Transfer procedure for all surrogacy cases, to ensure that there is no hassle of synchronizing the periods cycle of egg donor and surrogate mother.
  13. The BetaHCG positive is the time where patient is handed over to our surrogate partner for managing the pregnancy.
  14. Subsequent to handover, all pregnancy management, surrogate mother’s maintenance will be handled by surrogate partner.

For surrogacy related costing and payment schedules, please contact us over email, by phone or in person.

The idea of adoption is very altruistic and is a great thing for the society in general and for the adopted children in particular. But it is not always a practical option. Adoption is a long, expensive and laborious process. Adoptions typically require the individuals to be married, of a certain age, and sometimes a certain number of years before they are even considered for adoption.

Some agencies even prohibit adoptions based on disabilities and sexual orientations, and also may require one of the new adoptive parents to stay home with the adopted child for a certain amount of time following the adoption. There are other requirements like parents surrendering the passports, giving an undertaking that they will not travel abroad etc. Another aspect which is very important for a lot of couples is that, in surrogacy, part or all of the genes can be from the commissioning parents.

Commercial surrogacy is legal in India, as recognized by the Supreme Court of India in 2002. Doing surrogacy is perfectly legal. Since surrogacy is not prohibited by law, any IVF clinic can offer this legally. ICMR also mandates hospitals to issue birth certificates in the name of the commissioning parents and not in the name of the surrogate mother. This change is law makes surrogacy legally clean.
The Surrogacy Regulation Bill 2016, draws and defines all the surrogacy related details and legalities therein attached. Download the Bill here.

Because of the law making surrogacy completely legal, India is fast emerging as a leader in international surrogacy and a destination in surrogacy-related fertility tourism. Indian surrogates have been increasingly popular with infertile couples in industrialized nations because of the relatively low cost. Indian clinics are at the same time becoming more competitive, not just in the pricing, but in the hiring and retention of Indian females as surrogates.

A typical surrogacy process will cost the commissioning parent anywhere between $20,000 and $30,000 for the complete package, including fertilization, the surrogate’s fee, and delivery of the baby at a hospital. Including the costs of flight tickets, medical procedures and hotels, it comes to roughly a third of the price compared with going through the procedure in the US or UK.

The commissioning parents will then have to apply for a passport for the child and get other legal paper work completed, to ensure that the baby will have the citizenship of the parents and not of the surrogate mother. This has to be done while in India since many countries will not allow a child to travel if the required paperwork is incomplete.

There are other legal aspects that international patients need to adhere, for commercial surrogacy in India. This includes the following, but is not limited to this. Please contact us for more clarity on this.

  1. Enter India with a medical visa.
  2. Register with the required authorities (FRRO) before the start of the treatment procedure.
  3. If the commissioning parents are of Indian origin, it helps a lot to have OCI or PIO cards ready.
  4. If embryos stored outside India or to be brought into India or if gametes (sperms or eggs) are being transported into India due to any reason, there is a defined legal procedure that needs to be followed.
  5. A lawyer will be engaged in India to ensure all agreements and contracts with the surrogate mother is watertight.