Why cannot single, unmarried women avail of the benefit of surrogacy under the law, the Delhi High Court asked the center while seeking explanation for discrimination.

A bench of chief Justice and two other judges questioned why only widow of divorcee aged between 35 and 45 could avail of proceedings under the surrogacy(regulation) Act 2021.

Surrogacy is a practice where a woman (the surrogate) carries and gives birth to a child for another individual or couple (the intended parents) who cannot conceive or carry a pregnancy to term.

There are different types of surrogacy arrangements, including traditional surrogacy and gestational surrogacy.

Surrogacy involves a complex process that typically includes medical, legal, and emotional considerations. The specific steps may vary depending on the type of surrogacy (traditional or gestational), the laws of the country or state involved, and the preferences of the parties involved. Here is a general overview of how surrogacy is typically done:

1. Initial Consultation:

• Intended parents typically begin the process with a consultation with a fertility specialist or reproductive endocrinologist. This step involves a thorough medical evaluation of the intended mother's ability to produce eggs and carry a pregnancy, as well as an assessment of the intended father's sperm.

2. Choosing a Surrogate:

• If the intended mother is unable to carry a pregnancy, or if the intended parents are a same-sex couple, they may choose to work with a gestational surrogate. If the surrogate is not known to the intended parents, they may work with a surrogacy agency to find a suitable candidate.

3. Legal Agreements:

• Legal contracts are crucial in surrogacy arrangements. The parties involved (intended parents and surrogate) will work with attorneys to draft and sign a legal agreement that outlines the rights, responsibilities, and expectations of each party. This agreement covers issues such as compensation, medical decisions, and the legal status of the child.

4. Medical Procedures:

• In the case of gestational surrogacy, the intended mother or an egg donor undergoes ovarian stimulation and egg retrieval. The eggs are fertilized in a laboratory with the intended father's sperm or donor sperm to create embryos.
• Once viable embryos are created, they are transferred to the uterus of the surrogate during an embryo transfer procedure.

5. Pregnancy and Prenatal Care:

• The surrogate undergoes regular prenatal care and medical check-ups to ensure the health of the pregnancy. Intended parents may be involved in these appointments and updates.

6. Childbirth:

• The surrogate carries the pregnancy to term and gives birth to the child. The intended parents are usually present during the birth to support the surrogate and to welcome the child.

7. Legal Parentage:

• After the birth, legal proceedings may be required to establish the intended parents as the legal parents of the child. This often involves obtaining a court order or a legal parentage judgment.

8. Post-Birth Support:

• The relationship between the surrogate and the intended parents may continue, and they may choose to stay in touch and maintain a connection. Some surrogacy arrangements involve ongoing contact and updates.

Surrogacy involves assisted reproductive technology (ART) methods to achieve pregnancy and childbirth. There are two main types of surrogacy: traditional surrogacy and gestational surrogacy. The method employed depends on the specific circumstances and the preferences of the intended parents.

1. Traditional Surrogacy:

• Process:
• A traditional surrogate is inseminated with sperm, either from the intended father or a sperm donor.
• The insemination can be done through intrauterine insemination (IUI) or in vitro fertilization (IVF).
• The surrogate's own eggs are used in the process, making her the biological mother of the child.
• Genetic Connection:
• The child is genetically related to the surrogate, as her eggs are used in the conception.
• Legal Considerations:
• Because of the genetic connection, legal aspects of traditional surrogacy can be more complex, and it may lead to potential legal challenges.

2. Gestational Surrogacy:

• Process:
• In gestational surrogacy, the surrogate (gestational carrier) is not genetically related to the child.
• The intended mother or an egg donor provides eggs, which are fertilized with the intended father's sperm or donor sperm through IVF.
• The resulting embryos are then transferred to the uterus of the gestational surrogate.
• Genetic Connection:
• The child is genetically related to the intended parents or donors, not the surrogate.
• Legal Considerations:
• As the surrogate has no genetic connection to the child, legal processes are often clearer in gestational surrogacy.

3. In Vitro Fertilization (IVF):

• Process:
• IVF is a common method used in both traditional and gestational surrogacy.
• Eggs are retrieved from the intended mother or an egg donor and fertilized in a laboratory with sperm to create embryos.
• One or more embryos are selected for transfer to the surrogate's uterus.
• Implantation:
• The selected embryo(s) are transferred to the surrogate's uterus during an embryo transfer procedure.

Under the Surrogacy (Regulation) Act 2021, a widowed or divorced woman between the ages of 35 and 45, or a married couple, defined as legally married, can use surrogacy if she has a medical condition that requires this option.

It also bans surrogacy for commercial purposes, which is punishable with imprisonment for 10 years and a fine of up to Rs 10 lakh.

The law only allows altruistic surrogacy only when there is no exchange of money and when the surrogate mother is genetically related to those looking for a child.

Altruistic surrogacy means that only medical expenses, insurance coverage and other prescribed expenses will only be provided to the surrogate mother irrespective of any extra charges, expenses, fees, remuneration or monetary incentives of any nature.

Commercial surrogacy’ which means providing all kinds of monetary incentives whether in cash or kind. However, the same is not allowed to be practised.