How to Start Altruistic Surrogacy in India: A Step-by-Step Guide

Altruistic surrogacy is a legally regulated and compassionate way to help couples struggling with infertility. Here’s a guide on how to start the process in India, ensuring compliance with the Surrogacy (Regulation) Act, 2021:

Step 1: Understand Altruistic Surrogacy

Altruistic surrogacy means the surrogate mother does not receive monetary compensation other than medical expenses and insurance. This ensures that surrogacy is conducted ethically and without commercial motives.

Step 2: Verify Eligibility

For Intended Parents:

• Must be an Indian married couple.
• The wife must be aged between 25-50 years, and the husband between 26-55 years.
• Must have a valid medical reason for needing surrogacy (e.g., infertility).
• Must not have biological or adopted children unless the child has a life-threatening condition or a physical/mental disability.

For Surrogate Mother:

• Should be a close relative of the intended parents.
• Must be a married woman with at least one biological child.
• Age should be between 25-35 years.
• Can only act as a surrogate once in her lifetime.

Step 3: Consult a Certified Fertility Clinic

Visit a fertility clinic authorized by the appropriate government authorities. Clinics registered under the surrogacy laws will provide:

• Medical examinations and treatments for the intended parents and surrogate mother.
• Assisted Reproductive Technology (ART) services as needed.

Step 4: Seek Legal Assistance

Hire a qualified lawyer experienced in surrogacy cases to:

• Draft a legal surrogacy agreement outlining the rights and obligations of both parties.
• Ensure compliance with the Surrogacy (Regulation) Act, 2021.
• Handle any legal filings or disputes that may arise.

Step 5: Obtain Certification

You must obtain the following certifications:

1. Medical Certificate of Infertility: Issued by a certified medical practitioner, proving that surrogacy is a necessary option for the couple.
2. Certificate of Essentiality: Issued by the appropriate authority, confirming:
   • The medical necessity of surrogacy.
   • Proof of insurance coverage for the surrogate mother.
3. Certificate of Eligibility:
   • For intended parents: Validates their marital status, age, and medical condition.
   • For the surrogate mother: Confirms her eligibility to be a surrogate.

Step 6: Counseling Sessions

Both the intended parents and the surrogate mother must undergo mandatory counseling. This helps:

• Prepare all parties emotionally for the surrogacy journey.
• Address potential psychological concerns or ethical dilemmas.

Step 7: Begin the Medical Process

Once all legal and medical requirements are fulfilled:

• The fertility clinic will proceed with procedures such as embryo transfer.
• Regular check-ups will monitor the surrogate mother’s health and the baby’s development.

Step 8: Post-Birth Legal Formalities

After the child’s birth:

• The intended parents are recognized as the legal parents of the child.
• Obtain the birth certificate from the local municipal authority, listing the intended parents as the child’s parents.

Key Points to Remember

• Ensure all parties fully understand their rights, responsibilities, and the terms of the surrogacy agreement.
• All medical and legal documents must be authentic and verified.
• The surrogate mother’s health and well-being should remain a priority throughout the process.

Starting altruistic surrogacy in India requires careful planning, medical guidance, and strict adherence to the law. By following these steps, intended parents can begin their surrogacy journey ethically and successfully.