Parenthood is an aspiration that transcends boundaries and unites us all in its emotional depth. For countless couples, however, the journey toward becoming parents is far from straightforward. Surrogacy has emerged as a beacon of hope, offering a path to parenthood for those grappling with infertility. Yet, this deeply personal choice comes with a responsibility to ensure ethical practices and safeguard everyone involved.
In India, the story of surrogacy is one of evolution—marked by a transition from being a commercial surrogacy hub to embracing a more regulated and ethical framework. The Surrogacy (Regulation) Act, 2021, heralds a new era, reinforcing values of compassion and care through altruistic surrogacy.
The Changing Face of Surrogacy in India
Surrogacy has been a part of India’s medical landscape for decades, but its journey has been anything but static. In the early 2000s, India rose to global prominence as a preferred destination for commercial surrogacy. International couples and individuals flocked to the country, drawn by its lower costs and relatively lenient laws.
However, this boom also cast a shadow. Reports of exploitation and unethical practices came to light, exposing the vulnerabilities of surrogates.Recognising the urgent need for reform, the Indian government introduced the Surrogacy (Regulation) Act, 2021. This pivotal legislation not only prohibits commercial surrogacy but also ensures a protective framework for surrogates and aspiring parents alike.
Timeline of Surrogacy in India
- 2002: India becomes a global hub for commercial surrogacy.& Anand (Gujarat) becomes the surrogacy capital of India.
- 2015: Ban on foreign nationals seeking surrogacy in India.
- 2021: Introduction of the Surrogacy (Regulation) Act, enforcing ethical practices.
This law marks a paradigm shift, steering the country’s surrogacy journey toward altruism and ethical responsibility.
What the Surrogacy Act Means for Aspiring Parents?
For couples yearning for a child, the surrogacy journey can be both emotionally and financially demanding. The Surrogacy Act aims to alleviate these challenges by prioritising the welfare of all stakeholders. It establishes clear guidelines, ensuring transparency and fairness.
Under the act, only married heterosexual couples who have been trying to conceive for over five years are eligible for surrogacy. Surrogates must be close relatives of the intending parents, embodying the spirit of altruism. Additionally, the act mandates comprehensive medical coverage for surrogates, safeguarding their health during and after the pregnancy.
The Legal Landscape of Surrogacy in India
India’s legal framework, shaped by the Surrogacy (Regulation) Act, 2021, sets clear boundaries on its accessibility. The Surrogacy (Regulation) Act, 2021, aims to ensure ethical practices and the well-being of all parties involved. Here’s what it entails:
Who Can Be Surrogate Parents?
- Only married heterosexual couples, together for at least five years, with proven infertility, can opt for surrogacy.
- Single parents, same-sex couples, and live-in partners are excluded under current regulations.
Who Can Opt For Altruistic Surrogacy?
- A surrogate can only be a close relative and must already have a child of her own.
- Monetary compensation is prohibited, with the surrogate entitled solely to medical expenses and insurance.
Permissible Practices:
- Altruistic surrogacy is the only permissible form of surrogacy in India.
Prohibited Practices:
- Commercial surrogacy and the use of surrogacy for non-medical reasons are strictly banned.
This also meant that one could not have a child without a partner. The last known case of single-parent surrogacy in India occurred in 2021, to a man in Surat who could not get a partner because he didn’t have a high paying government job. He was blessed with twins- a boy and a girl. He got lucky as he opted for surrogacy months before the implementation of the Surrogacy (Regulation) Act, 2021.
The Impact of the Ban on Commercial Surrogacy
India’s decision to prohibit commercial surrogacy curtailed exploitation but also limited accessibility for many. Here’s why surrogacy tourism is non-viable:
- Ethical Concerns: Exploitation of economically disadvantaged women abroad.
- Legal Complexities: Cross-border surrogacy involves uncertain legalities, often leaving intended parents in limbo.
- Emotional Disconnect: Lack of a familial bond can complicate the process.
While surrogacy is still legal abroad, this is not a viable option for the average Indian. These laws uphold ethical standards, and highlight the importance of exploring alternative solutions for individuals outside these parameters. With this amendment, the law balances compassion with accountability, creating a supportive ecosystem for parenthood journeys.
Why Altruistic Surrogacy?
In the realm of surrogacy, altruism shines as a beacon of humanity. Altruistic surrogacy transcends financial motives, relying instead on the emotional bond between surrogates and intended parents. These acts of love redefine the essence of family, strengthening relationships and fostering mutual respect.
The benefits of altruistic surrogacy extend far beyond the tangible. It offers intending parents peace of mind, knowing that their surrogate’s health and well-being are a priority. For surrogates, it provides a sense of fulfillment, as their selfless act brings joy to their loved ones.
Benefits of Altruistic Surrogacy
- Emotional Bond: Strengthens family ties.
- Ethical Assurance: Free from commercial exploitation.
- Medical Safety: Surrogate health is prioritized.
- Cost-Effective: Focuses on care rather than financial transactions.
Why Altruistic Surrogacy Works?
Medical experts emphasise the benefits of altruistic surrogacy, particularly its impact on the surrogate’s health and emotional well-being.
Dr. Rashmika Gandhi, a leading reproductive specialist, explains: “Altruistic surrogacy allows for greater transparency and trust between the surrogate and intended parents. With a known surrogate, the medical history and emotional readiness are well-assessed, ensuring a smoother journey for all involved.”
Real Stories: Redefining Parenthood
Neha and Rohan’s Journey:
Neha and Rohan (names changed) faced years of heartbreak due to recurrent pregnancy loss. Surrogacy was the only option worth trying for. But current laws meant it had to be a family member who could be their last ray of hope.
Neha’s sister offered to carry their baby, embodying an act of unparalleled love. “It was not just a gift of parenthood,” shares Neha, “it was support and strength of family in an hour of need.”
Priya’s Choice:
Upon being diagnosed with a rare uterine condition, dreams of motherhood seemed distant. Surrogacy became her only path forward, but the journey took an extraordinary turn when her cousin selflessly offered to carry the baby for her.
“It was a gesture of love and sacrifice that left us speechless,” Priya recalls. “Watching our baby grow under her care was an emotional journey—bittersweet, yet profoundly inspiring. It strengthened our family in ways we didn’t imagine.”
Redefining Parenthood with Care and Innovation
For couples navigating the complexities of infertility, having a trusted partner can make all the difference. This is where brands like Birla Fertility & IVF step in. With the best fertility teams across India, they are working on giving hopeful couples workable solutions to achieve their parenthood dreams. With 120,000+ successful IVFcycles across 50 centres all over India, they are combining cutting-edge technology with informed decision making to make parenthood dreams a reality.
"Every parenthood journey is unique, and we’re here to make it as seamless as possible. At Birla Fertility & IVF, compassion meets cutting-edge technology to deliver hope."
— Dr. Rashmika Gandhi
The Road Ahead: Parenthood with a Purpose
India’s surrogacy journey is a story of transformation—one that reflects the evolving values of society. By prioritising altruistic surrogacy, the country has embraced a model that celebrates love, trust, and empathy.
For couples embarking on this journey, organizations like Birla Fertility & IVF offer more than medical expertise. They provide a safe space for dreams to flourish and futures to take shape.