Understanding Altruistic Surrogacy Treatment

Posted by Shivani Sachdev
5
Jun 30, 2024
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Altruistic surrogacy refers to a surrogacy arrangement where the surrogate mother does not receive any monetary compensation for carrying and delivering the baby, beyond reimbursement for medical expenses and other reasonable costs. The primary motivation for the surrogate in such cases is often a sense of compassion or a desire to help the intended parents who may not be able to conceive a child on their own. This form of surrogacy contrasts with commercial surrogacy, where the surrogate is financially compensated for her services beyond her expenses.

Legal and Ethical Considerations

The legal status and ethical acceptance of altruistic surrogacy vary widely around the world. Some countries endorse it as a legitimate way for individuals and couples to build their families, while others have strict regulations or outright bans. Ethical considerations often revolve around the potential for exploitation, the psychological well-being of the surrogate, and the best interests of the child.

Altruistic Surrogacy in India

Legal Framework

The Surrogacy (Regulation) Bill, 2019, which was passed by the Parliament, allows only altruistic surrogacy for Indian citizens. Under this law, only close relatives can act as surrogates, and no financial compensation beyond medical expenses and insurance coverage is permitted.

Eligibility Criteria

The surrogacy laws in India are strict regarding who can be an intended parent and who can be a surrogate. Intended parents must be a married Indian couple with proven infertility, and women between the ages of 23 and 50 and men between 26 and 55 are eligible. The surrogate must be a close relative of the intended parents, should have been married, and must have at least one child of her own. This framework is designed to prevent the exploitation of women and to ensure that surrogacy is used as a genuine last resort for childless couples.

Process and Challenges

The process of altruistic surrogacy in India involves thorough medical and psychological screening for both the surrogate and the intended parents. Legal agreements are drawn up to outline the responsibilities and rights of both parties. Despite these regulations, challenges remain, including the emotional and physical demands on the surrogate, potential familial conflicts, and ensuring the child's welfare post-birth.

Surrogacy Costs in India

Cost Breakdown

The cost of surrogacy in India can vary significantly depending on several factors such as the clinic chosen, medical procedures required, and any unforeseen complications. However, the primary costs include:

  1. Medical Expenses: These cover fertility treatments, prenatal care, delivery, and postnatal care. The cost for these services can range from INR 5 lakhs to INR 10 lakhs.
  2. Legal Fees: These include the cost of drafting and reviewing surrogacy agreements, legal consultations, and court fees, typically amounting to INR 1 lakh to INR 2 lakhs.


Affordability and Accessibility

Compared to many Western countries, the cost of surrogacy in India is relatively lower, making it an attractive option for many Indian couples. However, with the prohibition on commercial surrogacy, intended parents can no longer offer financial incentives to surrogates, which has reduced the number of available surrogates and increased waiting times.

Conclusion

Altruistic surrogacy in India represents a regulated approach to building families, balancing the needs of childless couples with the protection of surrogate mothers. While the costs involved are substantial, they are generally lower than in many other countries, albeit with strict eligibility and procedural requirements. As the legal and social landscape around surrogacy continues to evolve, it remains a viable, though challenging, option for many hopeful parents.


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