SurrogacyDesk | Surrogacy Education
Types of Surrogacy: Gestational, Traditional, Altruistic and Commercial Surrogacy
Surrogacy is an assisted reproductive arrangement in which a woman carries a pregnancy for intended parent or parents. The term “types of surrogacy” can refer to the genetic relationship between the carrier and child, or to the financial arrangement involved.
This guide explains the differences between gestational and traditional surrogacy, compares altruistic and commercial surrogacy, and outlines the legal framework and important considerations for people exploring surrogacy in India.
Quick Overview
- Gestational surrogacy: The carrier does not provide the egg used to create the embryo.
- Traditional surrogacy: The surrogate’s own egg is used, so she is genetically related to the child.
- Altruistic surrogacy: An arrangement without remuneration or financial incentives, apart from expenses and insurance allowed by applicable law.
- Commercial surrogacy: An arrangement involving payment or benefits that fall within the legal definition of commercial surrogacy.
These categories describe different aspects of surrogacy. A gestational arrangement, for example, may also be described in terms of its financial structure. The legal meaning of each term varies by jurisdiction.
1. Gestational Surrogacy
Gestational surrogacy is a form of surrogacy in which an embryo created through in vitro fertilisation (IVF) is transferred to the carrier’s uterus. The carrier does not provide the egg used to create the embryo and is therefore not genetically related to the child through the egg.
The egg and sperm may come from the intended parent or parents, or donor gametes where legally permitted. The use of donor gametes is subject to the applicable law and clinical requirements.
Key features
- IVF is used to create an embryo outside the body.
- The embryo is transferred to the gestational carrier’s uterus.
- The carrier does not contribute the egg.
- Medical assessment, informed consent and pregnancy monitoring are essential.
Gestational surrogacy is the form addressed by India’s Surrogacy (Regulation) Act, 2021. Its availability is restricted by statutory eligibility criteria and other requirements.
2. Traditional Surrogacy
Traditional surrogacy is an arrangement in which the surrogate’s own egg is used to conceive the child. As a result, the surrogate is genetically related to the child.
Conception may historically have involved insemination or other methods, depending on the setting and jurisdiction. Traditional surrogacy raises distinct legal, medical and ethical issues because the carrier is also the genetic egg provider.
Key features
- The surrogate contributes the egg.
- The surrogate has a genetic relationship with the child.
- Legal parentage and consent issues may differ from gestational surrogacy.
- Its legal status varies widely between jurisdictions.
India note: Traditional surrogacy is not the form contemplated by the statutory definition of surrogacy in the Indian Act. Do not assume it is legally available in India.
3. Altruistic Surrogacy
Altruistic surrogacy describes an arrangement in which the surrogate does not receive remuneration or monetary incentives for acting as a surrogate. In India, the Act’s definition allows specified medical expenses, prescribed expenses and insurance coverage, subject to the law.
“Altruistic” does not mean that pregnancy has no costs or that the carrier should be expected to bear medical expenses personally. The exact permitted expenses and required insurance should be confirmed from current rules and official guidance.
Important points
- Payment or benefits must be assessed under the legal definition, not informal labels.
- The carrier’s health, dignity, informed consent and autonomy remain important.
- Permitted expenses and insurance should be clearly documented.
- Legal and clinical requirements still apply.
4. Commercial Surrogacy
Commercial surrogacy generally refers to surrogacy involving remuneration, payment or other benefits beyond permitted expenses. The precise definition depends on the law in the relevant jurisdiction.
In India, commercial surrogacy is prohibited under the Surrogacy (Regulation) Act, 2021. The Act’s definition includes specified forms of commercialisation and payment, while excluding the medical and other prescribed expenses and insurance coverage allowed by law.
Readers should distinguish between prohibited remuneration and legally permitted expenses. A label used by an agency or clinic does not determine whether an arrangement is lawful.
Comparison of Surrogacy Types
| Type | What it describes | Genetic relationship | India context |
|---|---|---|---|
| Gestational | How the embryo is created and carried | Carrier does not provide the egg | Form contemplated by the Act, subject to eligibility and statutory conditions |
| Traditional | How conception occurs | Surrogate provides the egg | Not the form contemplated by the Act’s definition |
| Altruistic | Financial arrangement | Does not itself determine genetic relationship | Permitted framework subject to the Act and rules |
| Commercial | Financial arrangement involving prohibited remuneration or benefits | Does not itself determine genetic relationship | Commercial surrogacy is prohibited |
5. How Is the Type of Surrogacy Determined?
The type of surrogacy can be described using more than one category. For example, “gestational” explains the carrier’s genetic relationship to the child, while “altruistic” describes the financial arrangement.
When discussing a possible arrangement, clarify:
- Whether the carrier will provide the egg.
- Whether IVF and embryo transfer are involved.
- Which gametes may legally be used.
- Whether the arrangement meets the applicable definition of altruistic surrogacy.
- What eligibility certificates, consent forms, insurance and approvals are required.
Surrogacy Laws in India
India regulates surrogacy principally through the Surrogacy (Regulation) Act, 2021 and rules and notifications made under it. The framework restricts eligibility, regulates clinics and procedures, and prohibits commercial surrogacy.
Rules can be amended. For example, the 2024 amendment addressed circumstances in which donor gametes may be used, subject to certification by the District Medical Board and conditions concerning the gametes. The exact current requirements should be checked before treatment.
- India Code: Surrogacy (Regulation) Act, 2021
- National ART & Surrogacy Portal
- Official surrogacy FAQs
- Rules and notifications
Eligibility and procedure must be assessed individually by qualified professionals and the relevant authorities. General online information cannot establish that a particular person or arrangement qualifies.
Medical and Ethical Considerations
Surrogacy can involve IVF medication, embryo transfer, pregnancy and childbirth. Potential risks include treatment-related effects and pregnancy or delivery complications. The risk profile depends on individual health and clinical circumstances.
Before proceeding, participants should discuss:
- Medical indications, alternatives and treatment expectations.
- Risks, uncertainties and follow-up care.
- Informed consent, privacy and independent counselling where appropriate.
- The carrier’s autonomy in healthcare decisions.
- Legal responsibilities, costs and arrangements for birth and parentage documentation.
Clinics should explain the process clearly and avoid guaranteeing pregnancy or live birth.
Conclusion
The main types of surrogacy are commonly classified as gestational or traditional according to genetic relationship, and altruistic or commercial according to financial arrangement. These terms are not interchangeable, and a single arrangement may be described using more than one category.
In India, surrogacy is subject to a specific legal framework, including restrictions on commercial surrogacy and requirements relating to eligibility, medical care, consent and authorisation. Always verify current official rules and obtain professional advice before proceeding.
30 Frequently Asked Questions About Types of Surrogacy
Select a question to reveal the answer.
1. What are the main types of surrogacy?
The main types commonly discussed are gestational and traditional surrogacy, based on whether the carrier provides the egg, and altruistic and commercial surrogacy, based on the financial arrangement.
2. What is gestational surrogacy?
Gestational surrogacy involves transferring an embryo created through IVF to a carrier’s uterus. The carrier does not provide the egg used to create the embryo.
3. What is traditional surrogacy?
Traditional surrogacy uses the surrogate’s own egg. This means the surrogate is genetically related to the child.
4. What is the difference between gestational and traditional surrogacy?
The central difference is the egg source. In gestational surrogacy, the carrier does not provide the egg; in traditional surrogacy, the surrogate’s own egg is used.
5. What is altruistic surrogacy?
Altruistic surrogacy is an arrangement without remuneration or monetary incentives, except for expenses and insurance permitted by the applicable law. India has a specific statutory definition.
6. What is commercial surrogacy?
Commercial surrogacy generally involves payment or benefits beyond permitted expenses. The legal definition varies by jurisdiction. Commercial surrogacy is prohibited under India’s Surrogacy (Regulation) Act, 2021.
7. Is altruistic surrogacy the same as gestational surrogacy?
No. Gestational describes the genetic relationship and embryo-transfer method; altruistic describes the financial arrangement. The terms refer to different aspects of surrogacy.
8. Can surrogacy be both gestational and altruistic?
Yes, the terms describe separate features. Whether a particular arrangement is legally permitted depends on the jurisdiction and its requirements.
9. Is traditional surrogacy permitted in India?
Traditional surrogacy is not the form contemplated by the statutory definition in India’s Surrogacy (Regulation) Act, 2021. Seek qualified legal advice about the current law rather than assuming it is available.
10. Is commercial surrogacy legal in India?
No. Commercial surrogacy is prohibited under the Surrogacy (Regulation) Act, 2021. The Act separately provides for specified medical and prescribed expenses and insurance.
11. Does the gestational carrier share DNA with the baby?
In gestational surrogacy, the carrier does not contribute the egg and is not genetically related to the child through the egg. Genetic relationships depend on the gametes used.
12. Is IVF required for gestational surrogacy?
Yes. Gestational surrogacy uses an embryo created outside the body, typically through IVF, and transferred to the carrier’s uterus.
13. Can donor eggs or sperm be used in surrogacy in India?
Donor-gamete use is subject to specific legal conditions. The 2024 amendment addressed certain circumstances involving medical certification and the requirement that at least one gamete come from the intending couple. Confirm current rules and the circumstances of the case.
14. Does the surrogate need to be genetically related to the child?
Not in gestational surrogacy. The carrier does not provide the egg. In traditional surrogacy, the surrogate’s own egg is used and she is genetically related to the child.
15. What does “intended parent” mean?
An intended parent is a person who plans to become the child’s parent through a surrogacy arrangement, subject to applicable eligibility and legal requirements.
16. Who may be eligible for surrogacy in India?
India’s law establishes eligibility criteria and medical indications. Eligibility must be confirmed individually with a registered clinic and the relevant authority.
17. Does altruistic surrogacy mean the surrogate receives no support?
Not necessarily. India’s legal definition allows specified medical expenses, prescribed expenses and insurance coverage. The permitted scope should be verified from current rules.
18. Can a surrogate be paid a salary in India?
Commercial remuneration and monetary incentives are prohibited under the Indian framework. Permitted expenses and insurance are treated separately under the Act and rules.
19. Are the types of surrogacy the same in every country?
No. Terminology may be similar, but laws differ on eligibility, permitted arrangements, payments, parentage and whether surrogacy can be pursued at all.
20. Which type of surrogacy is used under India’s Act?
The Act’s definition describes a woman carrying and giving birth to a child through implantation of an embryo and not being genetically related to the child through the egg. The statutory framework also restricts surrogacy to altruistic arrangements.
21. Does the type of surrogacy affect legal parentage?
It can. Parentage rules differ by jurisdiction and may be affected by genetic relationships, statutory provisions, court orders and required documentation. Obtain advice for the relevant jurisdiction.
22. Are there medical risks in gestational surrogacy?
Yes. IVF treatment, pregnancy and childbirth involve potential risks. The carrier should receive individual medical assessment, counselling and appropriate monitoring.
23. Is traditional surrogacy medically different from gestational surrogacy?
Yes. The conception method and genetic relationship differ, and the medical, emotional and legal considerations may also differ. A qualified specialist can explain the relevant clinical issues.
24. Can intended parents choose the surrogate?
Any matching or selection process must comply with applicable law, clinic procedures, eligibility rules and the surrogate’s informed consent. Do not assume unrestricted choice is permitted.
25. What documents may be needed for surrogacy in India?
Requirements may include prescribed eligibility and medical certificates, consent documents, insurance and approvals. The exact list depends on current rules and individual circumstances; ask the clinic and appropriate authority.
26. Is counselling recommended during surrogacy?
Counselling can help participants consider expectations, emotional wellbeing, communication, privacy and the implications of treatment. Required assessments should follow the law and clinical standards.
27. Can a clinic guarantee surrogacy success?
No. IVF and embryo transfer do not guarantee pregnancy or live birth. Outcomes vary, and the clinic should explain uncertainty and possible further treatment.
28. Where can I verify surrogacy clinic registration in India?
Consult the National ART & Surrogacy Registry and ask the clinic for its registration details.
29. Where can I read the official surrogacy law?
Read the Surrogacy (Regulation) Act, 2021 on India Code and check the National ART & Surrogacy Portal for rules, FAQs and notifications.
30. What should I do before considering surrogacy?
Consult a qualified fertility specialist, review medical alternatives and risks, verify legal eligibility, confirm clinic registration, understand costs and insurance, and seek legal advice where appropriate.