When couples consider building a family through surrogacy, one of the most essential early decisions is understanding the types of surrogacies available. Although both traditional and gestational surrogacy have been practiced globally, only one is legally allowed in India today. At Surrogacy Centre India, we guide you with facts, legal clarity, and emotional care to help make an informed, secure choice.
What is Traditional Surrogacy?
In traditional surrogacy, the surrogate mother is artificially inseminated using the intended father’s sperm. Since her own egg is used, she becomes the genetic mother of the child. This method creates emotional and legal complications, especially concerning parental rights, custody, and post-birth bonding.
While once considered a viable option, traditional surrogacy is now banned in India under the Surrogacy (Regulation) Act, 2021, due to its potential for legal and emotional disputes.
What is Gestational Surrogacy?
In gestational surrogacy, the surrogate has no genetic connection to the child. The embryo is created in a lab using IVF technology from the intended parents’ gametes or one donor gamete (as permitted under the 2024 amendment), and then implanted into the uterus of the surrogate.
This is the only legal form of surrogacy in India today and is favored for its ethical transparency and lower risk of conflict.
Legal Framework and Implications
Under Indian law:
- Only gestational surrogacy is permitted.
- Commercial surrogacy is banned, meaning no financial incentives can be offered to the surrogate beyond medical expenses and insurance.
- Only Indian heterosexual married couples (married 5+ years) and single widowed/divorced Indian women are eligible.
- The surrogate must be a close relative, aged 25–35, with at least one biological child of her own.
This legal framework ensures clarity in parentage and protects all involved parties—particularly the child.
Why Indian Law Favors Gestational Surrogacy
- Legal Simplicity: Since the surrogate is not genetically related, there are no disputes over custody or legal parentage.
- Reduced Emotional Strain: Gestational surrogacy allows the surrogate to maintain clear boundaries.
- Biological Connection: Intended parents may still have a genetic link through their own eggs or sperm.
- International Best Practices: This approach aligns with global ethical surrogacy standards.
Medical and Emotional Considerations
- Traditional surrogacy can pose emotional challenges for the surrogate and intended mother alike, particularly regarding attachment and parental identity.
- In contrast, gestational surrogacy is structured, clinical, and focused on maintaining healthy emotional boundaries.
At Surrogacy Centre India, our counselors offer psychological support to all parties to ensure emotional readiness and stability throughout the journey.
Costs & Accessibility
Though gestational surrogacy involves IVF and might seem more complex and slightly costlier than traditional methods, it offers a legally compliant, medically advanced, and emotionally secure path.
We keep costs transparent and manageable. Our packages at Surrogacy Centre India include:
- IVF procedures and medication
- Legal documentation
- Surrogate care and insurance
- Court order for parentage
- Psychological counseling
We also assist in budget planning and offer guidance on financial management throughout the process.
Recommendation
If you’re considering surrogacy in India, gestational surrogacy is not just your only legal option—it’s your safest and most responsible path to parenthood. The outdated model of traditional surrogacy carries emotional and legal risks that India’s laws rightly aim to avoid.
At Surrogacy Centre India, we ensure full legal compliance, medical excellence, and compassionate care from your first consultation to the day you hold your baby in your arms.
