A surrogate is a woman who undertakes to carry and give birth to a child on behalf of another couple, family, or individual who will legally adopt the kid. When a biological mother is unable to carry a child for medical reasons, when a woman is in high-risk pregnancy, when a guy or male couple wants to have a family, these are all reasons to consider a surrogacy arrangement.
The surrogate mother, sometimes called a gestational carrier, in a gestational surrogacy arrangement is not a relative of the kid. Rather, the embryo is generated by in vitro fertilization (IVF) with the sperm and eggs of the intending parent or donors and then delivered to the surrogate.
The terms “host surrogacy” and “full surrogacy” are also used to refer to this type of surrogacy. Most of the time, the surrogate is not genetically linked to the child, but at least one of the intended parents is. Because of this, unlike other types of surrogacies, gestational surrogacy does not necessitate stepparent or second-parent adoption.
Who can opt for surrogacy?
- Those born without a uterus but with fully functional ovaries.
- Women who have a pre-existing medical condition that could deteriorate during pregnancy, such as uncontrolled diabetes, high blood pressure, heart disease, an autoimmune disorder, a kidney disorder, or a mental health issue.
- Pregnancy failure occurs repeatedly.
- Continued failure to implant a child.
- According to the ART Act of 2010, no ART facility shall consider surrogacy for patients who are healthy enough to carry a kid to term.
Who can be a surrogate?
- A surrogate must be a close female relative of the intended parents.
- Must be at least 25 years old.
- Must be married.
- Not having more than one previous experience as a surrogate.
- She also needs to prove her physical and mental health to be surrogate-ready.
How are the embryos created?
When sperm meets egg, embryogenesis might be considered to have begun. During fertilization, DNA from both the mother and father is combined to form a new human embryo, which is half egg and half sperm.
The fertilized egg begins dividing into new cells immediately after fertilization. In the early stages of development, a fertilized egg splits in half, then each of those halves splits in half again, and so on, until a few days later, a little ball of several dozen embryonic cells has formed. It takes the embryonic cells about a week after conception to stop being pluripotent and start differentiating into the organs and tissues that make up the body. As a result, pluripotent ESCs only exist for a brief period of time in the embryo.
Steps of the Surrogacy Process:
1. Think about whether or not Surrogacy is the best option
Before beginning the surrogacy process, you should think long and hard about whether this is a choice you genuinely want to make. Becoming a surrogate or using a surrogate may be a long and difficult process and requires a significant commitment from both parties involved.
2. Surrogacy preparation
After making the decision to pursue surrogacy, the next step is for the intended parents and surrogate to define their expectations for the surrogacy process and the surrogacy professional they hope to work with.
The two main categories of surrogacy are :
Traditional – The surrogate is the biological mother in conventional surrogacy. Intrauterine insemination fertilizes the egg with sperm from the father or a donor.
Gestational – The child is not the surrogate mother’s biological child in a gestational surrogacy arrangement. Instead, in vitro fertilization is used to develop the embryo from an egg donated by the intended mother and sperm donated by the intended father. Surrogates receive embryos after they have been fertilized in a lab.
3. The next step is to undergo a screening process to ensure that you fulfill the requirements set forth by that agency for intended parents. This may involve a home evaluation, criminality and violence against children record check, and other steps.
4. Watch for a match
Connecting a surrogate mother with a set of intended parents is a thrilling and crucial part of the surrogacy process.
You may only need to hire an assisted reproductive law attorney if you have already found a surrogacy arrangement. It is possible that you may require the assistance of a surrogacy agency’s matching services if you have not yet discovered a surrogacy possibility.
5. Meet Requiements of the law
Assuming both the surrogate and the intended parent are on board with moving forward, a legally binding contract must be drafted to formalize their relationship. Counsel will represent each side to safeguard their rights and interests.
It is customary for each side to consult with their own attorney regarding the surrogacy’s legalities. The embryo transfer procedure can begin once contracts have been signed and all parties have agreed to the terms.
6. After legal documents have been finalized, the necessary medical procedures for such embryo transfer can start. A fertility clinic will likely be hired to conduct this process.
7. Once the surrogacy and the adoptive parents have gone through the ordeal of carrying a child to term, the arrival of the child is a transformative experience for all involved. Usually, the prospective parents will accompany the surrogate to the hospital to share in this special event.
The new baby is here!
New Surrogacy law from 2022
Surrogacy is a process by which a woman carries a child to term for childless couples, and then gives birth and raises the kid until the parents are ready to take custody. This legislation would aid in the elimination of commercial surrogacy while also making it legally possible for childless couples to use surrogacy services.
The primary purpose of this legislation is to control the commercialization and exploitation of this industry. The first component of the statute addresses the meaning of surrogacy-related terminology.
Restrictions on surrogacy and the requirement that surrogacy does not occur absent the conditions outlined in the procedure are discussed in Part III of the Act. It’s also important to make sure the couple is committed to having a surrogate. A certification of recommendation from an appropriate board is necessary for this.
The Surrogacy Clinic’s In-Charge Director and the appropriate law enforcement official must give their approval before this can happen. They need to make a formal declaration that surrogacy is appropriate under the given conditions.