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Surrogacy refers to the process of third party reproduction wherein a woman agrees to become pregnant and carry someone else’s baby under a contract. Whether the baby has any genetic connection to the surrogate depends on the kind of surrogacy method chosen.

Surrogacy in India is legal. It can be availed by heterosexual couples who are unable to bear a child on their own for some medical reason, by same sex couples, and by single men for whom surrogacy is the only way in which parenthood can be achieved. Also visit India Surrogacy Frequently asked questions. (The pic on the left is an African fertility symbol.)

We list below the important features of gestational and traditional surrogacy:

Features of Gestational Surrogacy:

1. Gestational surrogacy is an Assisted Reproductive Technology (ART) where the surrogate plays ‘host’ to the embryo that is transferred to her uterus.

2. The embryo is produced through the In Vitro Fertilization (IVF) process, that is, the biological mother’s egg is mixed with the biological father’s sperm in a glass dish in the lab.

3. The process of gestational surrogacy: The surrogate starts taking birth control pills to align her cycle with the intended mother’s. Through medication, the surrogate’s hormones are regulated in such a way that her body becomes ready for pregnancy. She is monitored regularly by blood tests and ultrasound to check hormone levels and the appropriate development of her uterine lining. Three to five days after egg fertilization, a number of embryos are inserted into the surrogate’s uterus. The embryo transfer takes just a few minutes, and the surrogate remains at the clinic for an hour or two. A successful pregnancy can be confirmed in two weeks.

4. If the intended mother is unable to use her own eggs – due to ovarian disease or advancing age -  donor egg IVF can be used. But the donated eggs are never from the surrogate.

5. The gestational surrogate acts as a carrier to the baby with whom she shares no genetic bonds. The baby carries the genes of the intended parents and not the surrogate.

6. Because of no. 4 no. 5, there are less chances of legal hassles or litigation, should the surrogate change her mind after the delivery of the baby. Usually in gestational surrogacy, all parenthood rights over the baby rest with the intended parent/s as the genetic bonds can be established between the baby and them. But countries vary in the way they look at gestational surrogacy and parental rights.

7. As gestational surrogacy clearly demarcates the relationship between the three parties involved – intended parents, surrogate, and baby – it is preferred the most over traditional surrogacy.

8. As gestational surrogacy involves IVF, it is usually more expensive than traditional surrogacy.

9. If one attempt fails, it will perhaps take months before another attempt can be made as the cycles of the surrogate and the intended mother have to be synchronized. (”…in case of failure, it [gestational surrogacy] has a rebound time of months and it involves a complicated medical procedure…  The appropriate preparation of the surrogate mother and the period after the insemination involves several injections of hormones, estrogen and progesterone, the taking of pills and a significant change in her way of life. Source: Perspectives for the Unification and and Harmonisation of Family Law in Europe)

Features of Traditional Surrogacy:

1. In traditional surrogacy, the surrogate uses her own eggs, either because the intended mother does not have her own eggs or because her eggs are of poor quality.

2. Pregnancy occurs through artificial insemination. The sperm of the biological father is placed in the vaginal canal or directly in the uterus of the surrogate.

3. In this method, the surrogate has a biological/genetic relationship with the baby because she uses her own eggs.

4. It has the potential to cause legal hassle, should the surrogate change her mind at the last moment. (For instance, this is what happened in the Baby M case.)

5. Traditional surrogacy is usually cheaper than gestational surrogacy as no IVF is required.

6. It also has a faster rebound time than gestational surrogacy, that is, if one attempt fails, another can be made in a matter of weeks.

Choosing between gestational and traditional surrogacy is one of the first important steps intended parents have to take. Understanding the differences between the both is vital to your relationship with your child.

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