Indian Surrogacy Law Centre recommends the following pointers for choosing of the right surrogate mother: 

a)      The surrogate needs to be a practical person who is completely aware of every possibility with regard to surrogacy.  For this purpose, a proper medical and legal counselling to the surrogate would suffice in the normal circumstances.  

b)      The surrogate should understand that surrogacy is not a typical pregnancy procedure and there are more issues connected to it which are more complicated.  

c)      The surrogate also needs to understand that the possibility of conceiving through this method is not that simple and not easy.  More importantly, that getting pregnant is something which is not in her hands. 

d)      The Surrogate must clearly understand that surrogacy is very time consuming and that it takes more a year.  The surrogate should not be totally dependent on that money which is coming through surrogacy, as the surrogate tends to become hysterical until the receiving of the money. 

e)      The surrogate should realise that she will be given a lot of medication and injections during the term of the pregnancy and she should be ready to go through these pains. 

f)        The spouse of the surrogate must not only accept the process of the surrogate taking part in the surrogacy, but he should also encourage the surrogate.  It has been understood that the surrogate would be facing undesirable family problems in cases where she volunteers without the knowledge or acknowledgement of her spouse.  More importantly, the surrogate spouse should have been informed about all the possibilities of the surrogacy.  

g)      The surrogate should be aware of selective reduction. The surrogate mother must clearly understand that conceiving of more than one baby is an inherent possibility and there are high chances for it to take place.  In such cases, selective reduction would be a normal process. The surrogate mother should accept selective reduction, if the need arises. Multiples are very common in surrogacy and it cannot be assumed that it cannot happen in your case. 

h)      The surrogate should fix her own fees to see what according to her is the proper remuneration according.  In most of the cases, this would also enable the Intended Parents to understand the attitude of the surrogate. 

i)        It is most appropriate that the surrogate has had prior proven pregnancies.  The whole procedure of surrogacy is extremely expensive for the Intended Parents.  The Intended Parents take up all the expenses incurred in this lengthy procedure.  It has to be taken into consideration that where the surrogate has already had a proven pregnancy, it would enhance her quality as a surrogate as she has proved her capacity as a child bearer already. 

j)        Surrogate would be facing unexplainable hardship in parting with the child which she had borne for the term.  In such cases, it is most advisable that the surrogate has already got children to whom she can return back, after handing over the child to the Intended Parents.  

k)      Though the surrogate may be ready mentally for handing over the child, the imbalance of hormones which takes place during the time of pregnancy might bring in mood swings for the surrogate and might destruct all her mental stability.  In such cases, it is most advisable that the surrogate mother has already  got childrens to whom she can get back after the surrogacy. 

l)        There exists a possibility that the surrogate mother might never be able to conceive again after undergoing surrogacy.  It is most advisable that the surrogate mother has already given birth to children, so that she would not feel exploited in cases the surrogacy leaves behind a situation where she can never bear a child again. 

m)    The surrogate mother should be a woman of courage who will be able to face independently various constraints which are emotional as well societal.  

n)      The surrogate mother must take her own independent and autonomous decision to act as a surrogate and to bear the child.  The decision to act as a surrogate should not come out of compulsion or out of coercion. This is most important in country like India where woman are not independent to make decisions. 

            The experience of motherhood is a wonderful experience and the surrogate should wilfully come forward for doing it. It is only then that the Intended Parents as well the surrogate go through the process conveniently and comfortably.  More importantly, it is a good deed and it is not advisable for anyone to feel exploited in the process.  

 The following is the extract from the “Guidelines for Accreditation, Supervision and Regulation of Art Clinics in India, 2005”:

3.10.1              A child born through surrogacy must be adopted by the genetic (biological) parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.

3.10.2              Surrogacy by assisted conception should normally be considered only for patients for whom it would be physically or medically impossible/undesirable to carry a baby to term. 

3.10.3              Payments to surrogate mothers should cover all genuine expenses associated with the pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary aspect. 

3.10.4              Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility of finding a surrogate mother, through advertisement or otherwise, should rest with the couple, or a semen bank. 

3.10.5              A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy. 

3.10.6              A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate. 

3.10.7              A prospective surrogate mother must be tested for HIV and shown to be seronegative for this virus just before embryo transfer. She must also provide a written certificate that (a) she has not had a drug intravenously administered into her through a shared syringe, (b) she has not undergone blood transfusion; and (c) she and her husband (to the best of her/his knowledge) has had no extramarital relationship in the last six months.  (This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion excepting of blood obtained through a certified blood bank.

 3.10.8              No woman may act as a surrogate more than thrice in her lifetime.

            The surrogacy market in India is now set to boom than ever. One of the main reasons for this is contrastingly, the fall of the world economy. 

            Intended Parents from all over the world who have planned to have a child through surrogacy somewhere during this time have been taken by shock with the falling markets. The savings set aside for achieving the dreams of motherhood, is now pressed upon for other needs. This being the case, ambitious Intended Parents look for India as a means for their dreams. 

            The global markets have crashed and now people are looking for cost effective alternatives than surrogacy in the developed countries. For couple from all over the world, India figures as one of the best choices in terms of reproductive tourism. The United States Laws are most accommodative for commercial surrogacy. The procedure for taking the surrogate child born from India to the United States is apparently simple. This being the position, intended parents from United States traveling to India for surrogacy is surely set to boom.

Finally the ISLC blog is now on. The site is under development and the content is being uploaded. As far as this blog goes, I think it is for me to fill the content.

This blog shall contain the most important developments taking place in the world of Surrogacy. More importantly, we shall deal the legal aspects of surrogacy in India, the complexities and the undiscussed problems that Intended Parents face.

Watch out this space for interesting and useful updates on the Indian Surrogacy Industry. Once again, Welcome.