The word surrogate means substitute, and a surrogate mother is someone who gestates (conceives and carries within the uterus) and then gives birth to a child for another person, with the full intention of handing the child over to that person after the birth.
In India, the surrogate mother must not have any genetic link to the child she carries for the commissioning ( intended) parent or parents. This is called gestational surrogacy. Therefore, her egg may not be used in the surrogacy arrangement. (This is called traditional surrogacy, and is illegal). The egg and sperm used to form the embryo for transfer to the womb of the surrogate mother must be provided by the commissioning parent or parents (the person or people for whom the surrogate is becoming pregnant) or a donor.
In some cases, a donor egg may be used in conjunction with the commissioning father’s sperm or donor sperm may be used in conjunction with the commissioning mother’s egg to form an embryo for transfer to the surrogate’s womb.
Surrogacy can be seen as an alternative form of ART that can assist a person or couple to have a child. There are a number of situations where a surrogacy arrangement may be considered, for example:
The first ICMR guidelines in India were released in 2002 & in October 2008 the Supreme Court unequivocally ruled that commercial surrogacy in India is legal and an industry in India, making it a legally protected.
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