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All you need to know about Surrogacy

Updated: Aug 18, 2021

Foreign embryos frozen in doubt : 18/09/2016

  1. ISSUE? Human embryos of couples from across the world, frozen in liquid nitrogen at countless infertility clinics across India, now float in a sea of uncertainty with surrogacy laws in India set to become tougher, but no explanation on offer as to why these embryos can’t be returned to their genetic owners.

  2. WHY CAN IT BE SEND BACK ? Because export of human embryos is barred.

  3. HOW ? Surrogacy (Regulation) Bill, 2016


  5. establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories.

  6. it will regulate the surrogacy

  7. effective regulation of surrogacy services in the country,

  8. prohibit commercial surrogacy

  9. allow ethical surrogacy to the needy infertile couples.

  10. prohibit potential exploitation of surrogate mothers and children born through surrogacy.


  1. What is surrogacy: it is method of assisted reproduction.

  2. How ? Both male and female have healthy sperms and eggs respectively; but she has some trouble in her uterus which makes it impossible for her to carry her child. Therefore 'surrogate mother' is called upon to do so

  3. Types of surrogacy

  • Traditional: impregantion (naturally or artificially) with father sperm and surrogate mothers egg. Therefore child born out of this process, isn't really couple's child.

  • Gestational : in-vitro fertilisation: both eggs and sperms belong to couple, but surrogate mother is just a carrier and genetically unrelated to the child.

  • Altruistic: offers her womb as in a altruistic/ selfless manner. It should be their relative / friend.

  • Commercial surrogacy: offers her womb for money.


  • 1994 - first surrogacy in India

  • 2005- ICMR guidelines to regulate surrogacy clinics

  • 2008- ART BILL

  • 2009- 228th law commission report - surrogacy is 25 bn market ; exploitation of the poor women in commercial surrogacy ; Need for recognition altruistic surrogacy.

  • 2016- Surrogacy regulation bill

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