In general, surrogacy in india law is exactly the same for parents who are not married. Vitro fertilization (IVF) is utilized to make an embryo, which is later carried to term by an surrogate mother.
In traditional surrogacy procedures, one woman could use an surrogate mother which is the source of eggs used to produce the embryo. However, the majority of couples who are planning to have a gestational surrogacy.
Under this, the surrogate (also known as the gestational carrier) does not have a genetic connection to the baby. Although many couples are able to use eggs from the mother of the intended as well as the sperm of the intended father. However, each prospective parent will prefer to make use of an egg donor or donor sperm for an embryo transfer.
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Definition and Types of Surrogacies
As per the definition given in the Oxford Dictionary, the word “surrogacy” has been defined as “the practice of giving birth to a baby for another woman who is unable to have babies herself.”
According to Black’s Law Dictionary, “Surrogacy is an agreement where a woman agrees to be artificially inseminated to carry a child. “the semen of another woman’s husband.”
It is important to remember that surrogacy is not an actual process but is the process by which a child is conceived prior to its birth. Surrogacy is a term that’s used to refer to a pact between two or more people. In which one is the surrogate mother and the other is the parent-to-be.
It is usually a contract that involves a couple and their surrogate. However, single parents can may also benefit from the services of an surrogate. Generally, surrogacy is divided into two categories. The first is traditional surrogacy and gestational surrogacy.
1. Traditional surrogacy:
An individual who has an infant who is biologically connected to her. It is a procedure wherein she artificially fertilizes the sperm of her intended father using her egg to produce the child. The baby is then carried until it is fully developed and gives birth to the baby to him or her.
The downside for this type in surrogacy lies with the fact that typically there are numerous issues for the mother and the child. For example, a significant portion of the child’s genes are taken from the surrogate mother. Rather than the mother intended to be.
This means that there is a 50% chance that the child will be born with genetic problems which neither parent has. In addition, if the child is closely related to the surrogate mother. It could be necessary to pursue an adoption procedure to establish the parental status for the intended parent. Another possibility is the mother creating an emotional bond with the child and might not be able to let go of the child.
2. Gestational Surrogacy:
It’s often referred to in the form of “host surrogacy” or “full surrogacy,” in which the child isn’t genetically closely related to the surrogate mother. Surrogate mothers are believed to be an organ for carrying the child to full term.
Often, it is called a gestational carrier. This procedure is accomplished by injecting an embryo that contains the eggs and sperm from the donors using IVF into the surrogate’s mother. While this method of surrogacy is effective, it comes with its own challenges.
For example, the absence of genetic information on the two donors’ sides as well as the adoption by a second parent is necessary for the legal adoption of the child. Further, the possibility of the surrogate developing a bond with her mother.
It is more straightforward to establish the parenthood of the intended parent, as there is at minimum one of the parents genetically closely related to the child. Whereas the surrogate is not genetically related to any connection to the child.
There is further classification of surrogacy are:
3. Commercial Surrogacy:
Commercial surrogacy refers to any arrangement in which the surrogate mom is paid for her services. But not for remuneration of medical expenses. Although the idea of commercial surrogacy could have been created in order to profit all parties involved.
It has also brought about corruption in which women are forced and exploited by corrupt organizations into becoming surrogates.
4. Altruistic Surrogacy:
A person offers to bear a child to parents she is hoping to adopt without any financial compensation in return. This could be a more effective form of surrogacy since it is typically performed by women who are acquainted with the parents of the intended via a personal connection. However, there are some issues related to it. Such as the cost and security, which are undefined due to a lack of a professional contract, as performed by agencies, which causes tension in relationships.
Surrogacy Rules in India
Surrogacy laws first came into force in India as guidelines instead of codified laws until 2002. It is regarded by many as an ideal and moral practice since it permits childless parents to bear children, which allows them to legally recognize their offspring. But it also provides an emotional connection to them as well through genetics.
Although surrogacy was used in India for a long time before dates could be attached to it, it was largely unregulated, which made it vulnerable to various illicit activities that developed over time.
Every bill that is introduced by parliament has been examined, highlighting the advantages and disadvantages of each. Leading in the present Surrogacy (Regulation) Act, 2021, with having the main goal of ending the commercialization of surrogacy.
Is Single Parent Surrogacy Legal in India
No, as of right now, single-parent surrogacy is not permitted in India. Single males who want to become parents face a greater problem than women. Women who are single and want to have an egg donation can bring the pregnancy through to its fullest. Single men can make use of our vast and varied egg yolks. Then be matched swiftly to an egg donor that closely meets the requirements of each person.
In short, the egg donor is stimulated by ovarian hormones and then has multiple eggs taken at the time they mature, which is usually after a period of about 2 weeks.
Although Fertility World does not directly provide gestational carrier services however, we have collaborated with a variety of trustworthy agencies and are able to put our patients in contact with them. Because surrogacy is a complex legal procedure, Fertility World always strongly advise patients to seek independent legal advice.
- Finding an Egg Donor:
Finding an appropriate egg donor could be an simple or complicated task, if it meets the prerequisites. It could be”the parent(s) as well as an unidentified donor.
- Egg Growth
The donor is prescribed medication that stimulates her ovaries in order to produce eggs. The eggs are then collected. Sometimes, to determine the cost the eggs of the cycle of egg donation are distributed into several recipients.
- Sperm Collection
Sperm taken from the male spouse of the receiver, or from a donor sperm is used to fertilize eggs in the laboratory.
- Egg Delivery
The embryo (fertilized egg) is usually placed in the uterus (womb) of the intended carrier. A pregnancy is born. The intended carrier could include the parent of choice or an alternative female (gestational carrier) depending on the circumstances.
Conclusion
Surrogacy has been an aspect of our daily lives for a long period of time. Surrogate motherhood gained international recognition in the late 1970s. Just after a decline in the number of babies who could be adopted.
Time went on, and the rules of civilization were changed. Surrogacy, however, didn’t change, but the way it was conducted did. Instead of marrying another woman and putting themselves at risk of being accused of bigamy. People began to pay for this procedure.
Surrogacy is a broad term that is a legal agreement between a woman. Also referred to as the surrogate, and the intended parents who want to bear the child. The ability to give parents without children hope all over the world is thought to be an honor, among other things.
Although it is possible to use other methods, such as IVF or adoption. Along with this surrogacy also plays an important part in helping people from various strata of society with particular challenges, parents.