Surrogacy is primarily divided into different types based on the biological connection between the surrogate and the baby and whether financial compensation is involved. The main types include gestational and traditional surrogacy, which differ in the genetic relationship between the surrogate and the child. Surrogacy can also be classified as altruistic or commercial based on the financial arrangement involved.
Understanding these differences is important for anyone considering surrogacy. In this article, we will explain the different types of surrogacy, how they work, how they differ, and the legal framework surrounding surrogacy in India.
What Is Surrogacy?
Surrogacy is an arrangement where a woman carries and gives birth to a child on behalf of another person or couple who will become the child’s legal parents after birth. The relationship between the surrogate and the child can differ depending on the type of surrogacy. In gestational surrogacy, an embryo created through in vitro fertilization (IVF) is transferred to the surrogate, who carries the pregnancy without providing the egg used to create the embryo.
What Are the Different Types of Surrogacy?
There are several methods of classification for surrogacy. The primary method involves distinguishing types based on the genetic relationship of the surrogate and the child born from the pregnancy.
1. Gestational Surrogacy
With gestational surrogacy, the pregnancy occurs due to an embryo created via In Vitro Fertilization (IVF). However, the surrogate does not donate her egg cells; therefore, she is not genetically related to the baby.
The embryo may be produced by either the intended parents, donors, or both, depending on the situation and the medical condition.
The general steps of the procedure include:
Medical examination of the intended parents and surrogate
Embryo production and IVF
Preparation of the surrogate's uterus
Transfer of embryos
Monitoring and birth
Gestational surrogacy is the most popular type of surrogacy in contemporary reproductive medicine.
2. Traditional Surrogacy
Traditional surrogacy uses the egg of the surrogate to create a pregnancy. Thus, the surrogate will share genetic material with the baby.
As opposed to gestational surrogacy, traditional surrogacy does not require transferring embryos that are created using eggs from an external source.
The genetic connection between the surrogate and the baby creates some psychological, ethical, and legal concerns.
Traditional surrogacy is rather rare in current fertility treatment compared to gestational surrogacy.
Types of Surrogacy Based on Financial Arrangements
The other way of classifying surrogacy is based on whether there are payments made to the surrogate.
1. Altruistic Surrogacy
Here, there is no payment to the surrogate by the intended parents for the carrying of the pregnancy. In some cases, allowable costs related to the pregnancy and surrogacy process may be paid as per the governing laws.
As per the Surrogacy Regulation Act, 2021 in India, altruistic surrogacy is permitted under certain conditions.
2. Commercial Surrogacy
Usually, commercial surrogacy involves arrangements where the surrogate is paid or compensated for more than allowable costs.
It is imperative to note that commercial surrogacy is illegal in India per the Surrogacy (Regulation) Act, 2021.
Gestational vs Traditional Surrogacy
Although both involve a woman carrying a pregnancy for intended parent(s), there are important differences:
Factor | Gestational Surrogacy | Traditional Surrogacy |
Egg source | Intended parent or donor | Surrogate |
Genetic relationship with surrogate | No | Yes |
IVF | Used to create the embryo | Generally not required |
Genetic connection to baby | Surrogate has none | Surrogate is genetically related |
Legal and emotional considerations | Significant | Can be more complex |
Which Type of Surrogacy Is Right for You?
Gestational surrogacy is a commonly used form of surrogacy in which the carrier has no genetic relationship with the baby. However, the appropriate surrogacy arrangement depends on individual medical circumstances, fertility factors, availability of eggs and sperm, and applicable legal requirements. Before considering surrogacy, intended parents and potential surrogates should undergo the necessary medical evaluation and counseling.
Because surrogacy is subject to specific legal requirements in India, it is also important to understand the applicable eligibility criteria and regulations. A qualified fertility specialist and legal professional can provide guidance based on the individual circumstances and the requirements that apply.
Is Surrogacy Legal in India?
Surrogacy in India is governed by the Surrogacy Regulation Act, 2021 and the related regulations. The scheme allows altruistic surrogacy in some defined cases but bars commercial surrogacy.
As such, considerations and allowed arrangements depend on legal provisions; people who are considering surrogacy must consult experts on the matter and not just rely on general knowledge online.
Conclusion
Classification of various kinds of surrogacies will depend on how the biological connection between the surrogate mother and the child and the payment involved are viewed. In gestational surrogacy, the eggs of the surrogate mother are not used, unlike in traditional surrogacy. Surrogacy is legally controlled in India, but there are no commercial surrogacies in the country.
Those interested in surrogacy should start with knowledge of the medical process and the legal and eligibility factors of surrogacy. This will enable them to get the right guidance from Surrogacy Centre India.
Frequently Asked Questions
1. Is gestational surrogacy different from IVF?
Yes. IVF is a fertility treatment used to create embryos, while gestational surrogacy is an arrangement in which a gestational carrier carries an embryo created through IVF.
2. Does a surrogate have any genetic connection with the baby in gestational surrogacy?
No. In gestational surrogacy, the surrogate does not provide the egg used to create the embryo, so she does not have a genetic relationship with the baby.
3. Is traditional surrogacy available in India?
India has a regulated legal framework for surrogacy, and the Surrogacy (Regulation) Act, 2021 sets specific conditions for permitted surrogacy. Individuals should consult a qualified professional to understand what is legally permitted in their circumstances.
4. What is altruistic surrogacy in India?
Altruistic surrogacy refers to a surrogacy arrangement where the surrogate does not receive commercial payment for carrying the pregnancy. Surrogacy in India is subject to specific legal requirements and regulations.
