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Surrogacy in India

What is Surrogacy ?

A surrogacy arrangement or surrogacy agreement is the carrying of a pregnancy for intended parents. There are two main types of surrogacy, gestational surrogacy and traditional surrogacy. In gestational surrogacy, the pregnancy results from the transfer of an embryo created by in vitro fertilization (IVF), in a manner so the resulting child is genetically unrelated to the surrogate.

Types of surrogacy

Gestational surrogacy (GS):-A surrogate is implanted with an embryo created by IVF. The resulting child is genetically unrelated to the surrogate. There are several sub-types of gestational surrogacy as noted below.

  • Gestational surrogacy with embryo from both intended parents (GS/IP)
  • Gestational surrogacy and egg donation (GS/ED)
  • Gestational surrogacy and donor sperm (GS/DS)
  • Gestational surrogacy and donor embryo (GS/DE)
  • Traditional surrogacy (TS)
  • Traditional surrogacy and donor sperm (TS/DS)
  • Surrogacy

    Surrogacy, where a woman agrees to become pregnant and deliver a child for a contracted party. It may be her own genetic child, or a child conceived through natural insemination, in vitro fertilization or embryo transfer using another woman's ova. Surrogacy via a gestational carrier is an option when a patient's medical condition prevents a safe pregnancy, when a patient has ovaries but no uterus due to congenital absence or previous surgical removal, and where a patient has no ovaries and is also unable to carry a pregnancy to full term.


    Legal issues

    As of 2013, locations where a woman could legally be paid to carry another's child through IVF and embryo transfer included India, Georgia, Russia, Thailand, Ukraine and a few U.S. states.

    Techniques usually used in in vitro fertilization include:
  • Are surrogacy agreements enforceable, void or prohibited? Does it make a difference whether the surrogate mother is paid (commercial) or simply reimbursed for expenses (altruistic)?
  • What, if any, difference does it make whether the surrogacy is traditional or gestational?
  • Is there an alternative to post-birth adoption for the recognition of the intended parents as the legal parents, either before or after the birth?
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