You Can Conceive Only Once Through Surrogacy As Per Indian Laws, Doctor Explains Why

Surrogacy and In-Vitro Fertilisation (IVF) have recently been a hot topic in India. With the case of Siddhu Moosewala’s mother conceiving through IVF and amendments in the Assisted Reproductive Technology (ART) bill, many discourses are circulating about these technologies. One interesting fact about India’s IVF and ART laws is that heterosexual married couples or single women (divorced or widowed) can bear only one child through surrogacy.

To explain this regulation, Dr Vaishali Chaudhary, Director, IVF & Fertility, Sahyadri Super Speciality Hospitals, Pune spoke to the OnlyMyHealth team. 

Complications Faced By Surrogate Mothers

Surrogacy in India is governed by the Assisted Reproductive Technology (ART) Regulation Bill, 2021. One of the key provisions of this bill is the restriction on the number of children that a couple can have through surrogacy.

The laws don’t just specify that couples can not conceive more than one child through surrogacy, they also state that couples or women who already have a child of their own, whether biologically or through adoption, are not eligible for surrogacy. 

Dr Chaudhary stated, “The bill allows for surrogacy only for 'altruistic' purposes, meaning that the surrogate mother cannot be compensated monetarily beyond covering medical expenses and insurance.”

One of the primary reasons for limiting the number of children through surrogacy is to prevent the exploitation of surrogate mothers. Surrogacy involves physical and emotional challenges for the surrogate, and allowing multiple births through surrogacy could lead to health risks and ethical concerns. Limiting the number of children also ensures that surrogacy remains focused on helping couples build a family rather than commercial exploitation.

“If you have one child, be happy with that. There is no need to trouble another woman to become your surrogate for your second child. Even if you adopted your first child, and now you want to use your own eggs to bear a biological child, it is not allowed. You have to accept that one child,” commented Dr Chaudhary.

Also Read: Centre Amends Surrogacy Rules Surrounding Single Women And Donor Gametes, Here's What It Means

Welfare Concern Of Surrogate Babies

Another factor is the welfare of the children born through surrogacy. “By limiting the number of children, the government aims to ensure that each child receives adequate care, attention, and resources from their intended parents,” said Dr Chaudhary. This is of supreme importance as the surrogacy and IVF are expensive procedures.

Additionally, the restriction on the number of children through surrogacy aligns with international norms and guidelines on assisted reproductive technologies. Many countries have similar regulations in place to safeguard the interests of all parties involved, including surrogate mothers, intended parents, and children born through surrogacy.

Also Read: Expert List Medical Conditions Under Which Surrogacy Is Recommended

It's important to note that while the ART Regulation Bill limits the number of children through surrogacy to one, it does allow exceptions in certain cases, such as when the first child is disabled or dies. These exceptions are carefully considered to balance the interests of all parties involved and ensure that surrogacy practices remain ethical and responsible. These regulations play a crucial role in shaping a responsible and sustainable approach to surrogacy within the country.