Types of Surrogacy: Which One is Right for You?

In recent years, surrogacy has gained significant traction, offering hope and a pathway to parenthood for many. It is an arrangement where a woman agrees to carry and deliver a baby for another person or couple, who will become the child's parent(s) after birth. This process is often chosen by those who cannot conceive naturally due to medical conditions, infertility, or other personal reasons. 

Surrogacy can be an emotional journey involving deep trust and legal agreements between the surrogate and the intended parents. It involves a third party, known as a surrogate mother, who carries and delivers a baby on behalf of another person or couple. The process can be complex, involving legal, ethical, and emotional considerations, especially in a country like India, where cultural and societal norms play a significant role.

Surrogacy in India

In India, surrogacy has seen both acceptance and controversy. The government has introduced specific regulations to ensure the ethical practice of surrogacy, protecting the rights of all parties involved. If you are considering surrogacy in India, it’s crucial to understand the different types of surrogacy available and which one might be the right choice for you.

Surrogacy in India is governed by strict laws to prevent exploitation and ensure that the rights of both the surrogate and the intended parents are protected. The Surrogacy (Regulation) Act, 2021, outlines the conditions under which surrogacy is permitted, who can become a surrogate, and the legal procedures that must be followed.

For those who are new to the concept, understanding the types of surrogacy is the first step in making an informed decision. The following section will delve into the different types of surrogacy available in India and help you determine which might be the right option for you.

Types of Surrogacy in India

There are primarily two types of surrogacy recognised in India: traditional surrogacy and gestational surrogacy. Each type has its own set of procedures, implications, and legalities, making it essential to choose the one that aligns best with your needs and circumstances.

1. Traditional Surrogacy

Traditional surrogacy is the older and less common form of surrogacy, where the surrogate mother is biologically related to the child she carries. In this type, the surrogate’s egg is fertilized with the sperm of the intended father (or a donor) through artificial insemination. Since the surrogate’s egg is used, she is the genetic mother of the child.

Traditional surrogacy is often chosen by couples where the intended mother cannot produce viable eggs or by single fathers who wish to have a biological connection to their child. However, it is important to note that traditional surrogacy is more legally complicated due to the genetic link between the surrogate and the child. Emotional bonds may also develop, making the legal transfer of parental rights more challenging.

In India, traditional surrogacy is less common due to the legal and ethical complexities involved. The emphasis is largely on protecting the surrogate’s rights and ensuring that the process is conducted with the highest ethical standards.

2. Gestational Surrogacy

Gestational surrogacy is the more common and legally favoured form of surrogacy in India. In gestational surrogacy, the surrogate mother has no genetic link to the child. An embryo is created using the egg and sperm of the intended parents (or donors) through In Vitro Fertilisation (IVF) and then implanted in the surrogate’s uterus.

This type of surrogacy is preferred because it eliminates the genetic connection between the surrogate and the child, reducing the risk of emotional and legal complications. The intended parents are the biological parents of the child, which makes the process smoother and more straightforward in terms of legalities and custody.

Gestational surrogacy is the recommended option for couples dealing with infertility issues, same-sex couples, or single parents who want a biological connection to their child but cannot carry a pregnancy to term. In India, the Surrogacy (Regulation) Act 2021 has placed significant emphasis on gestational surrogacy, outlining clear guidelines to ensure the ethical conduct of the process.

Which Type of Surrogacy is Right for You?

Choosing between traditional and gestational surrogacy depends on several factors, including medical, legal, and emotional considerations. If you are considering surrogacy in India, it's crucial to consult with medical professionals, legal advisors, and surrogacy agencies who can provide comprehensive guidance.

Genreally, gestational surrogacy is the preferred choice due to the lack of a genetic link between the surrogate and the child, which simplifies the legal process and reduces potential emotional complexities. However, in cases where gestational surrogacy is not possible or desired, traditional surrogacy remains an option, albeit with more stringent legal procedures.

Concluding Thoughts

Surrogacy offers a path to parenthood for those who might otherwise not have the opportunity to become parents. In India, the process is highly regulated to ensure that all parties involved are protected and that the procedure is carried out ethically.

As you navigate this journey, take the time to consider all aspects, including the legal implications, emotional considerations, and the best interests of the child. Consulting with professionals who specialise in surrogacy can provide you with the support and information needed to make the right choice.

Niva Bupa proves to be a true companion in this journey as we offer the standard benefits typically included (hospitalisation coverage, pre- and post-hospitalisation expenses, room rent, domiciliary treatment, and personal accident coverage) in a health insurance policy. Additionally, through the M-iracle benefit, the policy covers a wide range of expenses related to maternity, IVF, adoption, surrogacy, vaccinations, consultations, sonograms, gamete intrafallopian transfer, blood tests, infertility treatment, etc.

Whether you choose traditional or gestational surrogacy, the goal is the same: to bring a child into your life and create a family. With the right guidance and understanding of the types of surrogacy, you can embark on this journey with confidence and hope.