Surrogacy in Gurgaon: Costs, Legalities, Process, and Everything You Need to Know

Starting a family through surrogacy is a big and emotional step for people who cannot have children on their own due to health problems. For many, surrogacy gives hope and a real chance to become parents when other methods do not work. In India, the city of Gurgaon (also known as Gurugram) has become a popular place for fertility treatments, including surrogacy. This is because it has good hospitals and skilled doctors.

But before choosing surrogacy, it is important to understand the law in India. The Surrogacy (Regulation) Act of 2021 changed how surrogacy works in the country. Now, only altruistic surrogacy is allowed. This means that a woman can be a surrogate only to help someone out of kindness. She cannot be paid, except for basic expenses like medical bills. Usually, the surrogate is a close family member.

This article is a simple guide for people who want to try altruistic surrogacy in Gurgaon. It explains how the process works, how much it might cost, what the law requires, and how to choose the right help along the way. Some useful search terms are Surrogacy in Gurgaon, Altruistic Surrogacy India, Intended Parents Guide, and Fertility Treatment Gurgaon.

Understanding Surrogacy: An Overview

Defining Surrogacy

At its core, surrogacy is an arrangement where a woman, known as the surrogate mother, agrees to carry and give birth to a child for another individual or couple, referred to as the intended parents. The term ‘surrogate’ literally means ‘substitute’ or ‘replacement’.

This process is facilitated by Assisted Reproductive Technologies (ART), a field encompassing various medical procedures designed to help achieve pregnancy. It’s important to recognize from the outset that surrogacy involves complex legal, ethical, and emotional dimensions, particularly within the framework of current Indian legislation.

Gestational vs. Traditional Surrogacy

There are two main types of surrogacy, based on whether the surrogate is biologically related to the child:

Gestational Surrogacy: This is the only legal method allowed in India today. In this type, an embryo is made using IVF, using the egg and sperm from the intended parents or donors if needed. The embryo is then placed into the surrogate’s uterus. The surrogate has no biological link to the baby. This makes legal and emotional matters easier for everyone involved.

Traditional Surrogacy: In this older method, the surrogate uses her own egg, so she is the baby’s biological mother. The egg is fertilized using sperm from the intended father or a donor. Because this method creates legal and emotional complications, it is not allowed in India under current laws.

Altruistic vs. Commercial Surrogacy: Simple Explanation for India

In India, only altruistic surrogacy is legal under the Surrogacy (Regulation) Act, 2021.

In altruistic surrogacy, the woman who carries the baby does not get paid. She only gets money to cover her medical bills, insurance, and other pregnancy-related costs allowed by law. This kind of surrogacy is done out of love and support, usually by a close relative who wants to help the couple.

Commercial surrogacy, where the surrogate is paid beyond medical costs, is banned in India. In the past, India was known for commercial surrogacy, but it raised concerns about poor women being taken advantage of. So, the law was changed to stop it.

Brief Outline of the Surrogacy Journey

The path of surrogacy typically involves several key stages, which will be explored in more detail in subsequent sections:

1. Initial consultation with fertility specialists and legal advisors.
2. Verification of eligibility for both intended parents and the potential surrogate mother according to strict legal criteria.
3. Identification and thorough screening of a suitable surrogate mother (who must be a close relative).
4. Completion of comprehensive legal agreements and obtaining necessary court orders.
5. The IVF process: ovarian stimulation, egg retrieval (from intended mother or donor), sperm collection/preparation, fertilization, and embryo culture.
6. Transfer of the embryo(s) into the surrogate mother’s uterus.
7. Monitoring the surrogate’s pregnancy through regular medical check-ups and care.
8. Delivery of the child.
9. Completion of post-birth legal formalities to confirm the intended parents’ legal parentage.

Why Choose Gurgaon for Surrogacy Treatment?

Gurgaon is one of the top cities in India for fertility treatments, including IVF and altruistic surrogacy. Many couples choose Gurgaon because it offers:

1. Advanced Medical Facilities:
The city has many modern fertility clinics with the latest technology. These clinics use advanced methods like IVF, ICSI, embryo freezing, and sometimes genetic testing (PGT). Some centers follow international treatment standards.

2. Experienced Doctors and Staff:
Gurgaon has many skilled fertility doctors, embryologists, and nurses. Their experience helps improve the chances of success.

3. Easy to Reach:
Gurgaon is close to Delhi and has good roads and airport access. It’s easy to travel there from other parts of India.

4. Lower Costs Than Western Countries:
Even though the surrogate is not paid (as per the law), the process still costs money—for medical treatment, legal help, insurance, and surrogate care. In Gurgaon, these services often cost less than in countries like the U.S. or U.K., but the quality is still very high.

How Things Have Changed:
Earlier, Gurgaon was popular for commercial surrogacy, especially for people from other countries. But since 2021, Indian law only allows altruistic surrogacy (done by a close relative), and only Indian citizens or a few special cases (like OCIs) can do it.

Now, the main reason to choose Gurgaon is its strong medical and legal support. All the experts needed for this complex process—doctors, lawyers, and government bodies—are available in one place.

Challenges in Smaller Cities:
In smaller towns, it might be hard to find good surrogacy centers or legal experts. This can make the process longer and more difficult. That’s why many people come to places like Gurgaon, where the full support system is already in place.

Top Surrogacy Centres in Gurgaon (Identifying Quality Markers)

(Note: In compliance with the user’s request and ethical considerations, this section discusses markers of quality without naming specific clinics.)

Choosing a surrogacy centre is a critical decision, particularly under India’s stringent regulatory environment. The focus must extend beyond medical procedures to encompass legal compliance, ethical practices, and comprehensive support. Here are key hallmarks of excellence to look for when evaluating potential centres in Gurgaon:

1. Legal Registration and Rules:

This is the most important thing to check first. Make sure the clinic is officially registered under the Surrogacy (Regulation) Act, 2021. Running a surrogacy clinic without registration is against the law.

The clinic should fully understand and follow all the rules of the Act. This includes who can take part in surrogacy, how the altruistic model works, what steps must be followed, and what documents are needed.

Under the new law, being legally approved is more important than how many successful cases a clinic had in the past—because those may have followed old, less strict rules.

Choosing a clinic that is not registered or doesn’t follow the law can cause serious legal problems. It can even lead to your surrogacy agreement being cancelled or your legal rights as parents being denied.

Would you like a simple checklist of what to ask a clinic before choosing them?

2. Technology and Equipment:

Check if the clinic has modern and well-equipped facilities, especially its ART (Assisted Reproductive Technology) lab. The lab should have up-to-date machines for procedures like IVF, ICSI, embryo culture, and possibly freezing embryos (though storing them for a long time may have limits under the law).

Using advanced technology can help improve the chances of a successful pregnancy.

3. Expertise and Experience of the Team:

Check the qualifications and experience of the clinic’s medical team, including fertility doctors, embryologists, gynecologists, and nurses. It’s important to ask if they have experience handling cases under the altruistic surrogacy rules of the 2021 Act.

This ensures the team is familiar with the current law and knows how to manage the surrogacy process correctly.

4. Ethical and Honest Practices:

Good surrogacy centres must always act in an honest and respectful way. They should make sure everyone clearly understands the process and gives informed consent. They must also protect the privacy of both the intended parents and the surrogate, as much as the law allows.

The centre should treat everyone with kindness and respect. It should be open about how things work, what challenges might come up, what success rates to expect, and what costs are allowed under the altruistic surrogacy law.

In altruistic surrogacy, being ethical means more than just avoiding payment. It also means making sure the surrogate truly wants to help and is not being forced. Since the surrogate is usually a close relative, this can be complicated. That’s why good centres use psychological tests and counseling to make sure everyone is ready and comfortable with the decision.

5. Support for Parents and Surrogates:

Good surrogacy centres understand that this journey can be emotional for everyone involved. They offer counseling to help both the intended parents and the surrogate deal with stress and emotions.

They also provide strong coordination services to help manage the many steps in the medical and legal process. This support is very important to make sure everything goes smoothly.

Services Offered by Surrogacy Centres (Typical Offerings)

(Note: This section describes common services provided by compliant centres without naming specific clinics.)

Registered surrogacy cents in Gurgaon, operating under the Surrogacy (Regulation) Act, 2021, typically offer a comprehensive suite of services designed to guide intended parents and their surrogate relatives through the complex process. The scope of these services has necessarily broadened beyond purely medical procedures to include significant legal and administrative support.

1. Consultation and Evaluation:
This is the starting point, where intended parents are assessed for eligibility, and the surrogacy process is explained to set clear expectations.

2. Intended Parents:
The documentation required to prove medical necessity, such as infertility certificates, is crucial to begin the process legally.

3. Surrogate Mother (Close Relative):
Thorough medical and psychological screening of the surrogate mother ensures she is healthy and mentally prepared for the process.

4. Assisted Reproductive Technologies (ART):
The IVF process and the creation of embryos are central to the surrogacy procedure, including the handling of infertility issues and embryo transfer.

5. Legal Process Coordination:

Legal support is very important to follow the Surrogacy (Regulation) Act, 2021. This includes helping to create the surrogacy agreement, getting the required certificates, and ensuring the intended parents are legally recognized as the child’s parents.

6. Post-Birth Coordination:
Managing the handover of the baby, medical care for the newborn, and finalizing legal documents are essential for ensuring the process is completed legally and smoothly.

The focus on legal support has grown because of the strict rules in the 2021 Surrogacy Act. Clinics now play a key role in guiding parents through the legal and paperwork process, making legal help an essential part of the service. This is different from the more informal legal process that existed in the past.

Cost of Surrogacy in Gurgaon

Understanding Altruistic Surrogacy Expenses

Many people think that “altruistic” surrogacy is cheap, but that’s not the case. Although the Surrogacy (Regulation) Act, 2021 bans paying the surrogate mother directly, the overall cost for the intended parents can still be high.

The costs include medical treatments for the intended parents (or donors) and the surrogate, legal fees, insurance for the surrogate, and covering any reasonable expenses she has during pregnancy and after the birth.

The total cost can change based on things like the clinic’s fees, the medical needs of the parents, how many IVF cycles are needed, if donor eggs or sperm are required, and any medical issues during pregnancy or delivery.

Estimated Cost Breakdown for Altruistic Surrogacy in Gurgaon (2024-2025)

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Disclaimer: These costs are estimates for 2024-2025 and can vary depending on the clinic, medical needs, location in Gurgaon, and the pregnancy. Intended parents should ask their chosen registered surrogacy clinic for a detailed cost breakdown.

In Indian surrogacy law, “altruistic” means the surrogate cannot profit financially, but it doesn’t mean the process is cheap for intended parents. The total costs for medical care, legal services, long-term insurance, and support for the surrogate can be high. In fact, these costs may be similar to or even higher than what commercial surrogacy used to cost or what it costs in other countries.

One important cost required by the 2021 law is 36 months of insurance for the surrogate. This insurance covers potential health issues after the pregnancy, ensuring the surrogate’s long-term health. This is a legal requirement and a financial responsibility for intended parents to ensure the surrogate’s well-being.

Factors Affecting the Final Cost

a). Number of IVF Cycles: Success isn’t always achieved on the first attempt; multiple embryo transfer cycles significantly increase costs.

b). Need for Donor Gametes: Utilizing donor eggs or sperm adds expenses related to donor screening, compensation (where applicable for donors), and associated medical procedures.

c). Medical Complexity: Pre-existing health conditions in the intended parents or the surrogate may require additional treatments or monitoring.

d). Pregnancy Complications: Issues like multiple pregnancies (twins/triplets), premature birth, or the need for a Cesarean section can increase medical expenses substantially.

e). Clinic’s Fee Structure: Different clinics may have varying charges for their services, laboratory work, and professional fees.

f). Legal Complexity: The extent of legal support needed for agreements, court processes, and documentation can vary.

g). Surrogate’s Specific Needs: Requirements for specialized accommodation, extensive travel, or dedicated caretaker support can add to the reimbursement costs.

Legal Aspects of Surrogacy in India

Navigating the legal landscape is perhaps the most critical aspect of pursuing surrogacy in India today. The Surrogacy (Regulation) Act, 2021 is the cornerstone legislation, enacted to bring order, ethical standards, and regulation to the practice, primarily aiming to prevent the exploitation of surrogate mothers. It came into effect in January 2022.

Who is Eligible?

The Act lays down strict eligibility criteria for both intended parents and surrogate mothers:

Intended Parents:

Citizenship/Origin: Generally, the intended parents must be Indian citizens. Overseas Citizens of India (OCI) or Persons of Indian Origin (PIO) may be eligible in certain cases, but foreign nationals are not allowed to use surrogacy in India.

Marital Status & Age: The intended parents must be a legally married couple. The woman should be between 25 and 50 years old, and the man should be between 26 and 55 years old. They must have been married for at least five years. Alternatively, an Indian woman who is a widow or divorcee and between 35 and 45 years old may be eligible. Single men, unmarried couples, and LGBTQ+ individuals are currently not allowed.

Medical Need: The intended parents must have a ‘Certificate of Essentiality’ from a District Medical Board. This certificate proves that they have a medical condition that requires surrogacy.

Existing Children: Usually, the intended parents must not have any surviving children, whether biological, adopted, or from previous surrogacy. Exceptions may be made if the existing child has a life-threatening illness or a significant disability.

Eligibility Certificate: The intended parents must also get a ‘Certificate of Eligibility’ to confirm they meet all the requirements.

Surrogate Mother:

Relationship: The surrogate must be a “close relative” of the intended parents. This generally means she is part of the family, but the exact definition may vary.

Marital Status & Children: The surrogate must be married (or have been married) and have at least one biological child of her own.

Age: She must be between 25 and 35 years old.

Frequency: A woman can only be a surrogate mother once in her life.

Fitness: The surrogate must provide a certificate confirming she is both medically and psychologically fit for surrogacy.

Gametes: She cannot use her own eggs. The surrogacy process must involve the eggs of the intended mother or a donor.

Consent: The surrogate must give written, informed consent, understanding the procedures and risks involved.

The law is a big change from the past, where surrogacy was more market-driven. It focuses on a specific family structure and a need-based approach, rather than giving people the freedom to choose surrogacy based on personal rights.

The Ban on Commercial Surrogacy

The Act unequivocally prohibits commercial surrogacy. Engaging in or facilitating commercial surrogacy, including advertising such services or exploiting the surrogate, carries severe penalties, including substantial fines and imprisonment. This ban aims to prevent the commodification of reproduction and protect women from potential exploitation driven by financial incentives.

Essential Legal Steps

To successfully go through the surrogacy process under the 2021 Act, there are several important legal steps that must be completed before any medical procedures begin:

Getting Certificates: The intended parents must get two certificates:

• A ‘Certificate of Essentiality’ to show they need surrogacy for medical reasons.
• A ‘Certificate of Eligibility’ to confirm they meet all the requirements. The surrogate mother also needs a ‘Certificate of Eligibility.’

2. Signing a Surrogacy Agreement: A legally binding agreement must be created and signed by both the intended parents and the surrogate. This agreement should clearly explain everyone’s rights, responsibilities, and follow the rules of altruistic surrogacy.

3. Obtaining a Court Order: Before the surrogacy procedure starts, the intended parents must get a court order from a Magistrate’s court. This order confirms their legal rights to the child from the beginning.

These steps add important legal requirements to the surrogacy process. Unlike past arrangements, which were mainly based on private contracts, the new law involves several authorities, such as medical boards and the court, which can take more time and create more paperwork.

Rights and Protections

The Act includes rules to protect everyone involved:

1. The Child: A child born through surrogacy is legally considered the biological child of the intended parents. The child has all the rights of a natural child, including inheritance. The Act also stops anyone from abandoning the child born through surrogacy.
2. The Surrogate Mother: The surrogate has the right to change her mind about the surrogacy at any time before the embryo is implanted. She is entitled to full medical care throughout the pregnancy and delivery, which the intended parents must pay for. She must also be given insurance for 36 months after delivery. If a pregnancy needs to be terminated, the surrogate’s consent is required, along with approval from the right authorities, as per the Medical Termination of Pregnancy (MTP) Act. The Act is designed to protect her from being taken advantage of.

Clinic Regulations and Oversight

To ensure compliance and ethical practices, the Act mandates:

• Clinic Registration: All clinics conducting surrogacy procedures must be registered with the appropriate authority. Operating without registration is illegal.
• Regulatory Boards: The establishment of National and State Surrogacy Boards responsible for advising the government, supervising the functioning of clinics, setting standards and codes of conduct, and enforcing the Act’s provisions.
• National Registry: A National Registry is maintained to keep records of all surrogacy clinics and procedures performed.

How to Choose the Right Surrogacy Center in Gurgaon

Choosing the right surrogacy center in Gurgaon is an important decision. It involves more than just medical success—it also requires legal knowledge and ethical practices, especially under the 2021 Surrogacy Act. Intended parents should be well-informed and ask the right questions when making this choice.

1. Check Legal Compliance and Ethics:
The first thing to do is confirm that the center is officially registered under the Surrogacy (Regulation) Act, 2021. Ask to see their registration certificate and ensure they follow all legal rules. Ask how they make sure everything is ethical, especially in getting the surrogate’s full and voluntary consent. It’s important to know how they handle sensitive family relationships, particularly when the surrogate is a close relative.

2. Key Questions to Ask:

• • What is your experience with altruistic surrogacy cases under the 2021 Act?
  • How do you help intended parents and surrogates with legal requirements, like getting the necessary certificates and court orders? Do you have in-house legal experts or referrals to specialized legal counsel?
  • How do you ensure that a surrogate who is a close relative gives fully informed and voluntary consent, and how do you handle any family conflicts?
  • Can you provide a clear and detailed breakdown of all costs, showing reimbursements, medical fees, and insurance, in line with the altruistic model (not fees)?
  • What counseling and psychological support do you offer to both the intended parents and surrogate mother during and after the process?
  • How do you communicate with us throughout the process? How often will we get updates, and who will be our main contact?

3. Look for Transparency and Clear Communication:
Choose a center that is open, honest, and clear about everything—from the steps involved to possible challenges, timelines, costs, and success rates. Be cautious of centers that seem evasive, make promises they can’t keep, or downplay the challenges.

4. Consider Their Experience with the Current Law:
The Surrogacy (Regulation) Act, 2021, is new. Ask the center about their experience in handling cases under this law and if they are familiar with the steps and approvals required by the current regulations.

5. Check the Support Services Offered:
The surrogacy process can be emotionally tough for everyone involved. Look at the quality of emotional and psychological support the center offers. Also, check how well they manage logistics, like appointments, paperwork, and communication between all parties. Since the surrogate is a close relative, the center should also provide extra support to handle family dynamics and expectations.

Ultimately, choosing the right center is about finding a place that not only excels in medical care but also understands the legal requirements and ethical considerations involved in altruistic surrogacy. Intended parents should carefully evaluate centers on these points, knowing that legal and ethical handling is crucial for a successful surrogacy journey.

Success Rates of Surrogacy in Gurgaon

(Note: This section discusses general success rates and influencing factors without reference to specific clinic performance or comparisons, as requested.)

Understanding the likelihood of success is vital when considering surrogacy. Success rates in gestational surrogacy are typically measured in several ways:

• Clinical Pregnancy Rate: The percentage of embryo transfers that result in a pregnancy confirmed by ultrasound (showing a fetal heartbeat).
• Live Birth Rate: The percentage of embryo transfers that result in the birth of a live baby. This is often considered the most meaningful measure of success.
• Cumulative Live Birth Rate: The overall chance of achieving a live birth after one or more embryo transfers resulting from a single IVF egg retrieval cycle.

Success rates are influenced by numerous factors and are often reported based on the age group of the woman providing the eggs.

Major Factors Affecting Success Rates

1. Age of the Egg Provider:
   The age of the woman providing the eggs is very important. As a woman gets older, especially after 35 and more so after 40, the quality of her eggs decreases. This lowers the chances of making healthy embryos, successfully implanting them, and carrying the pregnancy to term. Using eggs from younger women or healthy egg donors usually leads to better success rates.
2. Embryo Quality:
   The quality of the embryo being transferred plays a key role in success. The quality depends on both the egg and the sperm. The age and health of the egg and sperm providers, their genetics, and lifestyle choices (like smoking, drinking, diet, and exposure to toxins) affect gamete quality. Some clinics use genetic testing to check embryos for issues, which can help select the best ones to transfer and improve success rates.
3. Surrogate Mother’s Health:
   The health of the surrogate mother is crucial for a successful pregnancy. Important factors include her age (which must be between 25 and 35 in India), the health of her uterus (free from fibroids or scarring), a healthy weight (Body Mass Index or BMI), and no uncontrolled health problems like diabetes or high blood pressure. Her willingness to follow medical advice during pregnancy is also important. Previous healthy pregnancies can be a positive sign.
4. Clinic Factors:
   The expertise of the clinic’s medical team and the quality of their IVF lab can affect success. The clinic’s protocols for egg stimulation, embryo development, and the skill of the doctors performing the embryo transfer are all factors that can influence success.
5. Cause of Infertility:
   The specific reason why intended parents need surrogacy may affect outcomes. However, the most important factors are usually the quality of the eggs and sperm and the surrogate’s health.

In Gurgaon, there are advanced medical facilities, but the biological factors—like the quality of eggs, sperm, and the surrogate’s health—are still the most important. While high-tech facilities can improve chances, they can’t completely overcome biological challenges.

Also, in India’s altruistic surrogacy model, the surrogate must be a close relative, and she must be between 25 and 35 years old. This limits the choices of surrogates to family members who meet the legal criteria. If the only available relative has health issues or problems with her uterus (even if she meets basic eligibility), it could lower the chances of success. This is a limitation not present in commercial surrogacy, where intended parents can choose from a wider pool of healthy, screened surrogates.

General Success Rate Ranges

It’s hard to give exact success rates for Gurgaon, but we can provide some general figures for surrogacy in well-known centers in India. Success rates depend on many factors, especially the age and source of the eggs:

• Using Donor Eggs: When healthy, young, screened donors’ eggs are used, the chance of a live birth per embryo transfer is often around 65-70% or higher, especially if genetic testing (PGT) is used.
• Using the Intended Mother’s Eggs: Success rates depend a lot on the intended mother’s age when her eggs are retrieved. For women under 35, the chances of a live birth per egg retrieval cycle can be about 45-55% or higher. However, these rates decrease for women in their late 30s and drop even more for those over 40, sometimes below 10-20% per cycle.

Managing Expectations

It is vital for intended parents to approach surrogacy with realistic expectations. Success is not guaranteed in any single attempt, and multiple IVF cycles or embryo transfers may be necessary. Open and honest communication with the chosen surrogacy center about their general success rates (based on similar patient profiles regarding age and gamete source, without comparing specific centers) is essential for informed decision-making.

FAQ

1. What is the cost of surrogacy in Gurgaon?

The cost of surrogacy in Gurgaon typically ranges from ₹14 lakh to ₹16 lakh, depending on the clinic, medical procedures, and surrogate compensation.

2. Is surrogacy 100% successful?

No, surrogacy is not 100% successful. Success depends on factors like the health of the surrogate, the quality of eggs and sperm, and the IVF process.

3. Is surrogacy pregnancy risky?

Like any pregnancy, surrogacy can have risks, but with proper medical care and monitoring, these risks can be minimized.

4. What is the most expensive part of surrogacy?

The most expensive part of surrogacy is typically the IVF process, including egg retrieval, embryo creation, and embryo transfer.

5. Is surrogacy better than IVF?

Surrogacy and IVF are different. IVF is used to create embryos, while surrogacy involves a surrogate carrying the pregnancy. Surrogacy is an option when IVF isn’t possible for the intended mother.

6. Whose egg is used in surrogacy?

In gestational surrogacy, the egg used is typically from the intended mother or a donor, not the surrogate, as she is not genetically related to the child.

Conclusion

Surrogacy in Gurgaon is a viable and affordable option for couples struggling with infertility. With world-class medical facilities, experienced fertility experts, and strict legal regulations, Gurgaon has become one of the top destinations for surrogacy in India. If you’re considering surrogacy, it is essential to research and choose a reputable clinic that provides comprehensive care, legal support, and emotional assistance throughout the process. Surrogacy offers a beautiful opportunity for parenthood, and Gurgaon provides the resources and expertise to make this dream a reality.