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This is when a woman carries a pregnancy created by the egg and sperm
of the genetic couple. The carrier is not genetically related to the
child.
IVF surrogacy may be recommended
in :
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Women whose ovaries are producing eggs but whose uterus is malformed/damaged
/absent or has had a hysterectomy (removal of uterus) for medical reasons.
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Women who suffer from medical problems such as diabetes, heart and kidney
diseases and in whom a pregnancy would be life threatening, but their long term
prospect for health good.
Women who agree to become a surrogate may do so for compassionate reasons to
help a sister, daughter or friend. Some women may agree to become surrogates
for financial remuneration The ideal surrogate should be married or in a stable
relationship and relatively young, less than 35 years old to minimize the
obstetric risk to the host and her family. It is also preferable if the
surrogate has had at least one previous live birth without complications. In
addition, the potential surrogates should not have habits of smoking, alcohol,
illicit drug use, or a history of medical disorders such as diabetes,
hypertension or Rhesus (Rh) antibodies that could jeopardize the health of the
fetus.
Legal issues surrounding surrogacy
It is the responsibility of the genetic couple to find their own host. ART
clinics in India are not allowed, by law, to make any host surrogacy
arrangements, including monetary compensations.
Both couples (commissioning and host) should take independent legal advice.
Written consents and legal documents from both parties are mandatory, before
accepting them for treatment. Like any pregnancy, it is impossible to predict
the outcome. Issues such as if a fetal abnormality is diagnosed during the
pregnancy and consent for termination of pregnancy, responsibility toward the
host in case of a high risk pregnancy, etc have to be clearly defined. A
guardian should be appointed to take care of the child if the commissioning
couple predeceases the child.
All couples contemplating surrogacy must be aware of the small possibility of
bonding between the host and the child and that she can change her mind. It is
important for couples to recognize that the woman who carries the child is the
not the mother. Consequently, a host can be compelled to hand over the child.
A child born thru surrogacy must be adopted by the genetic( biological )parents,
by Indian law, unless they can establish thru DNA printing that it is not
theirs.
Surrogacy arrangements will require the good will of both parties and the
genetic couple will have to seek a change in parentage through the court.
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