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FAQ for Surrogates
What is commercial surrogacy? What is the legal position in India with regard to commercial surrogacy?
Commercial surrogacy is a form of surrogacy in which a surrogate mother is paid to carry a child to the term in her womb. The payment is made to the surrogate mother on an understanding that she shall carry the child to the term and then hand over the child to the Intended Parents. This understanding arises out of a contract between the surrogate and the Intended Parent. All commercial aspect with regard to surrogacy is best to be decided between the surrogate and the Intended Parents.
| The Indian Council for Medical Research has in its guidelines held commercial surrogacy to be legal and has established guidelines on how it should be performed. Moreover, The Supreme Court of India has in the Manji case held Commercial Surrogacy to be legal in India. This has been a great encouragement to surrogacy in India. |  |
What is a Surrogacy agreement?
A surrogacy agreement is an agreement entered between the surrogates and the Intended parent, making their intentions clear with regard to each of their roles for performing the surrogacy. The surrogacy agreement should contain all aspects of their relationship between the intended parents, surrogate mother and the child. The contents of the agreement include the payment module to the surrogate mother. The contract phase of the surrogacy agreement finalises the monetary reward to the surrogate to be paid by the intended couple for the service rendered by the surrogate.
In simple words, the agreement demarcates the liability of the surrogate and intended couple upon which either of the parties to the agreement has agreed upon. The Surrogate and intended couple are required to sign the surrogacy agreement after clearly understanding the contents of the agreement.
What is the purpose of surrogacy agreement?
The purpose of the surrogacy agreement is to allow each party to the agreement to state their intentions, and their responsibilities to one another. The agreement will clearly state that the surrogate does not intend on parenting any resulting children and does not wish to have physical or legal custody of any resulting children. The surrogacy agreement will also define the rights and responsibilities of the assisted parents.
What is ISLC?
ISLC stands for “Indian Surrogacy Law Centre.” It is the first specialized independent legal firm in India practicing on Surrogacy. ISLC deals with surrogacy related issues and facilitates contractual relationships between the surrogates and intended parents, providing surrogates for intended parents, providing legal assistance to either of the parties to the surrogacy agreement. ISLC partners with psychologist, lawyers and fertility clinics to ensure that our surrogates and future parents are cared for and supported through out the entire process.
What are the recommended Standards for a Surrogates?
Indian Surrogacy Law Centre recommends the following pointers for choosing of the right surrogate mother:
a) The surrogate needs to be a practical person who is completely aware of every possibility with regard to surrogacy. For this purpose, a proper medical and legal counselling to the surrogate would suffice in the normal circumstances.
b) The surrogate should understand that surrogacy is not a typical pregnancy procedure and there are more issues connected to it which are more complicated.
c) The surrogate also needs to understand that the possibility of conceiving through this method is not that simple and not easy. More importantly, that getting pregnant is something which is not in her hands.
d) The Surrogate must clearly understand that surrogacy is very time consuming and that it takes more than a year. The surrogate should not be totally dependent on that money which is coming through surrogacy, as the surrogate tends to become hysterical until the receiving of the money.
e) The surrogate should realise that she will be given a lot of medication and injections during the term of the pregnancy and she should be ready to go through these pains.
f) The spouse of the surrogate must not only accept the process of the surrogate taking part in the surrogacy, but he should also encourage the surrogate. It has been understood that the surrogate would be facing undesirable family problems in cases where she volunteers without the knowledge or acknowledgement of her spouse. More importantly, the surrogate spouse should have been informed about all the possibilities of the surrogacy.
g) The surrogate should be aware of selective reduction. The surrogate mother must clearly understand that conceiving of more than one baby is an inherent possibility and there are high chances for it to take place. In such cases, selective reduction would be a normal process. The surrogate mother should accept selective reduction, if the need arises. Multiples are very common in surrogacy and it cannot be assumed that it cannot happen in your case.
h) The surrogate should fix her own fees to see what according to her is the proper remuneration according. In most of the cases, this would also enable the Intended Parents to understand the attitude of the surrogate.
i) It is most appropriate that the surrogate has had prior proven pregnancies. The whole procedure of surrogacy is extremely expensive for the Intended Parents. The Intended Parents take up all the expenses incurred in this lengthy procedure. It has to be taken into consideration that where the surrogate has already had a proven pregnancy, it would enhance her quality as a surrogate as she has proved her capacity as a child bearer already.
j) Surrogate would be facing unexplainable hardship in parting with the child which she had borne for the term. In such cases, it is most advisable that the surrogate has already got children to whom she can return back, after handing over the child to the Intended Parents.
k) Though the surrogate may be ready mentally for handing over the child, the imbalance of hormones which takes place during the time of pregnancy might bring in mood swings for the surrogate and might destruct all her mental stability. In such cases, it is most advisable that the surrogate mother has already got childrens to whom she can get back after the surrogacy.
l) There exists a possibility that the surrogate mother might never be able to conceive again after undergoing surrogacy. It is most advisable that the surrogate mother has already given birth to children, so that she would not feel exploited in case the surrogacy leaves behind a situation where she can never bear a child again.
m) The surrogate mother should be a woman of courage who will be able to face independently various constraints which are emotional as well societal.
n) The surrogate mother must take her own independent and autonomous decision to act as a surrogate and to bear the child. The decision to act as a surrogate should not come out of compulsion or out of coercion. This is most important in country like India where woman are not independent to make decisions.
The experience of motherhood is a wonderful experience and the surrogate should wilfully come forward for doing it. It is only then that the Intended Parents as well the surrogate goes through the process conveniently and comfortably.
I am interested in becoming a surrogate mother. What is it I should do?
We have tried to make out application process for surrogates as simple as possible, making it reachable for everyone who is interested to become a surrogate.
1. The first step in the process will be to call our call centre at +91-91766-24466 and fix up an appointment with us. Alternatively, you can also mail us at
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for fixing up an appointment.
2. On fixing up of the appointment, the surrogate shall be referred to one of our consultants. You will be interviewed by the consultant (either personally or through phone) with regard to very basic elements of surrogacy, to make sure you have had a grasp about surrogacy. The consultant shall help you in filling of an application form which is basically a query form, which contains questions about yourself relevant to be surrogate mother. In the process of filling up of the application form, you shall come to know more about surrogacy and the role to be played by you as a surrogate. You are requested to attend the interview with your identity proof. All information provided in the application form is secure and privacy shall be maintained.
3. This application form is added to our database after assigning you a code number. Your contact details and identity shall be kept secure and other details shall be made available to the Intended Parents, letting them making a choice. You shall be contacted again for meeting of the intended parents who have chosen you.
4. In the meanwhile, if you wish to take yourself off our database, you are free to contact us and instruct to do the same. You can also come to our office and collect the original application form.
Will my privacy be maintained?
Indian Surrogacy Law Centre is aware of the social stigma that you face and is sensitive to the same. Your identity and contact details shall remain secure and none other than the officials at ISLC shall contact you with regard to surrogacy. Moreover, you shall be called to meet the Intended Parents only if they are willing for ‘basic offer’ as found in your application form. The Intended Parents shall also be sensitised on the issue of closed identity of the surrogate. Your contact details shall remain secure and will not be disclosed to anyone, without your approval.
Can I become a surrogate if I have never given birth?
Unfortunately not, at ISLC we require you should have at least one natural born child. An experienced mother is always preferred for being a surrogate for reasons stated in the previous question.
What is the reason that only married women with children are taken as surrogates?
A married woman, who has completed her family would be the right choice for being a surrogate mother. The main reason for this is that the married woman has got a family and children, to whom she can return immediately after delivery of the child. Moreover, an experienced mother will find it easier to let go a child born to her than a first timer, as she can return to her own children.
When will ISLC contact informing me about surrogacy?
ISLC shall contact you only when your profile has been reviewed by an intended parent and after they have short listed you. Officials at our office shall provide general information regarding you to the intended parent and shall disclose relevant information to the Intended Parent, as required for a choosing you as a surrogate mother. If the Intended Parents have chosen you for being the surrogate mother for bearing their child, then you will be called to meet the intended parents.
What is the Surrogacy Matching Process?
Once you have completed the profile and screening process, your information will be provided to Intended Parent(s) for their review. Careful consideration is given to your personal preference on what type of Intended Parent(s) you are willing to be matched with. Depending upon the Surrogate and Intended Parent(s) location, a conference call or in person meeting will be scheduled to decide whether both parties are interested in moving forward.
What is the overall role of ISLC?
ISLC acts as a representative of the Intended Parents and sources egg donors and surrogates for them. We also maintain a database of the list of interested surrogate mothers and shall help provide the list to the intended parents. Your contact details shall remain secure and will not be disclosed to anyone, without your approval.
What is the payment for being a surrogate?
Indian Surrogacy Law Centre does not play a role in fixing of the payment made to the surrogate mothers. We shall inform the intended parents your expectation and the decision shall be taken by them. However, you are free to discuss the issues regarding payment at the time of meeting of the Intended Parents.
Who will pay me for the services rendered by me?
The childless couple for who you are acting as a surrogate shall make the payment straightaway to you. We shall play no role in making of the payment. However, all the particulars regarding payment shall be contained in the agreement.
Is there some sort of restriction in the place of stay during the gestation period?
The Intended Parents are sometimes conscious of the place where the surrogate is staying for the gestation period. The intended parents may suggest that the surrogate may be put up at hostel or can stay with the intended parents themselves. However it is for the surrogate to decide where she should stay during the period of gestation. This aspect shall also be mentioned in the agreement.
Would I be allowed to maintain sexual contact with my husband during the term of surrogacy?
The Surrogates are prohibited from having sexual intercourse during the time of carrying of the child. Even protected sex shall be prohibited under the policy of the Indian Surrogacy Law Centre. The Surrogacy Agreement shall contain the clauses regarding this aspect. This is one of the main reasons as to why the Intended Parents suggest that the surrogate lives in a secluded place.
Will my husband be subjected to medical tests?
Yes, your husband also will be subjected to medical tests and examination to make sure that he is not ailing from disease. He has to subject himself to medical tests for making sure that the surrogate will not be affected by such diseases.
Would I be allowed to abort the child which I am carrying?
The Intended Parent and the surrogate may agree this aspect in the agreement they are signing. Even in the normal course, a child can be aborted in cases where the continuance of the pregnancy is harmful to the carrier of the child. Anyways, abortion may be allowed with valid medical reasons.
What if miscarriage happens?
The surrogate is always kept under careful surroundings and shall be provided the best care that may be provided. In any case, if miscarriage happens for reasons beyond your control then you shall be paid for the time you have carried the child.
Is it true that there is a minor possibility of becoming infertile?
Yes, there is a slight possibility of becoming infertile due to the procedures of surrogacy. Our medical Counsellor shall advise you more on these aspects.
May I become a surrogate without my spouse or partners support or consent?
ISLC’s practice standards are desirous that your partner or spouse has agreed to you becoming a surrogate. He should have been informed and he should act in a manner facilitating the surrogacy. He should also consent that he shall not have sexual contact during the time of pregnancy.
Will I meet the intended parents?
ISLC’s working pattern is such that the surrogate and intended parent meet and interact with each other, feeling the vibes. It is most important that there is this sort of communication as it helps in the smooth running of the surrogacy. Moreover, we are sure that you would want to meet the people for whom you are going to carry the child.
Will the baby be genetically mine?
The surrogate is only the gestational carrier for the child. By carrying of the child to term, the genes of the surrogate shall not be transferred to the child. The child shall carry on the genes of the Intended Parents.
How different is surrogacy from normal pregnancy?
The only difference is the implantation procedure. You have to be made fertile for accepting the implantation of the foetus. After implantation, rest of the procedures are just the same.
Can I become a surrogate if my tubes are tied?
Yes. You can be a surrogate even when you have undergone tubectomy. The implantation of the foetus is from vaginal opening and therefore there is no relation to tubectomy.
What are the Intended Parent(s) usually looking for in a Surrogate Mother?
Intended Parent(s) have various criteria, however they are mostly looking for someone who is healthy, lives in a stable and peaceful environment, and has a good support system, with a healthy uterus.
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