Surrogacy in Kolkata: Process, Legal Rules & Eligibility

The case for many couples is that the dream of becoming parents is accompanied by unforeseen biological roadblocks. While the conventional approach, as well as standard IVF treatment for those seeking to become parents, does not produce the desired outcomes, surrogacy offers hope for many. In the recent past, Kolkata has also become a notable hub for fertility treatment.

However, before undertaking the surrogacy in Kolkata, one must understand the changing legal scenario and the medical procedures involved in the same. We have tried to present in the following sections the significant facts of surrogacy carried out in the ‘City of Joy’.

The Surrogacy Act, 2021, marked a sea change in the legal position in India: the critical shift now is from commercial surrogacy to altruistic surrogacy.

Altruistic Surrogacy Only: The surrogate cannot be a commercial surrogate, meaning paid for financially other than for medical expenses and insurance.

The surrogate mother has to be a close relative of the intended parents. She has to be a married woman (between 25 and 35 years old) and must have at least one biological child. It is allowed for a woman to be a surrogate only once in her lifetime.

This helps the law in preventing the exploitation of women; the procedure is not used for financial benefit, but rather due to a pure intention of helping.

Eligibility Criteria for Intended Parents

Under the existing guidelines, not all people are eligible for surrogacy. Some of the requirements one has to fulfill include:

Marital Status: Only Indian couples in a legal marriage (man and woman) are eligible.

Age Limits: The female must be between 23 and 50 years old, and the male must be between 26 and 55 years old.

Medical Necessity: The couple must have a 'Certificate of Essentiality.' They must also have a 'Certificate of Infertility.' The certificate is a clear indicator that surrogacy is indeed a necessity because of existing infertility or because pregnancy would be life-threatening.

No Surviving Children: In general, the couple should not have any surviving children, unless the child is suffering from a life-threatening disorder or is physically/mentally disabled and does not have a cure.

Once eligibility has been established, the clinical process actually begins, with top centers such as Renew Healthcare providing a step-by-step approach to medical success and legal adherence.

The process begins with a thorough consultation, where the specialists check the couple’s medical history, thus facilitating the registration process with the relevant authorities.

Health checks are conducted on both parties, the intended parents and the surrogate mother. This includes testing for infectious diseases, genetic testing, and psychological testing to ensure that all parties are mentally ready to deal with the circumstances of the journey.

A legally binding contract is drawn up. This contract specifies the roles and responsibilities of both parties, including the intended parents as the legal guardians of the child from birth.

The clinical phase could be defined as an In Vitro Fertilization (IVF) stage. This is a procedure by which eggs and sperm, from the intended parents, are fertilized in the laboratory. The embryo, after successful fertilization, is then implanted in the surrogate mother’s womb.

At birth, the child is handed over to the intended parents. Since the legal basis is met in due time, it is a smooth and stress-free affair.

Surrogacy in Kolkata provides several benefits. For instance, Kolkata boasts some of India’s most modern ART (Assisted Reproductive Technology) clinics, such as Renew Healthcare, which provide the highest medical and ethical treatment. 

Moreover, the medical treatment costs in Kolkata remain very competitive compared to other metros in the country without compromising the standard of medical expertise. In conclusion, although the new regulations have made the process more stringent, they have made it safer and more ethical too. 

By choosing the right fertility experts in Kolkata, these would-be parents can make their way through the legal maze and keep their focus firmly fixed where it should be: on embracing a new life in their family.