People Involved in Surrogacy

People Involved in Surrogacy: Roles, Responsibilities and Support

Surrogacy may involve several people working together through medical treatment, pregnancy, birth and legal formalities. Each participant has a distinct role, and the exact professionals and procedures involved can vary according to the clinical circumstances and the law applicable in the country.

This guide introduces the main people who may be involved in a surrogacy arrangement, with an overview of their roles and the importance of informed consent, respectful communication and appropriate professional support.

1. Intended Parent or Parents

Who are they?

Intended parents are the person or people who plan to become the child’s parent or parents through a surrogacy arrangement, subject to applicable law.

Typical roles

  • Discuss the medical and legal pathway with qualified professionals.
  • Provide relevant medical information and documentation.
  • Participate in counselling and provide required consents.
  • Understand the responsibilities associated with pregnancy, birth and care of the child.
  • Maintain respectful, transparent communication with the surrogate and care team.

2. Surrogate Mother

Who is she?

The surrogate mother is the woman who carries the pregnancy and gives birth under the surrogacy arrangement.

Typical roles

  • Undergo medical assessment and counselling as required.
  • Make voluntary, informed decisions about participation and treatment.
  • Receive antenatal care and communicate health concerns to her healthcare team.
  • Have her dignity, privacy, health and informed consent respected throughout the process.

In gestational surrogacy, the embryo is created through assisted reproductive technology and transferred to the surrogate’s uterus; she does not provide the egg used to create that embryo.

3. Fertility Specialist

Who are they?

A fertility specialist is a clinician trained in reproductive medicine who assesses fertility issues and advises on appropriate treatment options.

Typical roles

  • Review medical history and investigate relevant fertility concerns.
  • Explain available treatment options, benefits, limitations and risks.
  • Coordinate IVF-related care and embryo transfer where clinically appropriate.
  • Discuss treatment outcomes and follow-up with the people receiving care.

4. IVF Laboratory Team and Embryologist

Who are they?

Embryologists and other qualified laboratory professionals work with reproductive cells and embryos in accordance with clinical protocols and applicable regulations.

Typical roles

  • Perform laboratory procedures such as fertilisation and embryo culture.
  • Monitor and document embryo development.
  • Maintain identification, traceability and quality-control procedures.
  • Coordinate with the treating clinician regarding laboratory findings.

5. Obstetrician and Maternity Care Team

Who are they?

The obstetrician and maternity team provide pregnancy care, monitor maternal and fetal health, and plan care around delivery.

Typical roles

  • Provide antenatal assessments and pregnancy monitoring.
  • Identify and manage pregnancy-related complications.
  • Explain findings, investigations and care options to the pregnant woman.
  • Plan delivery and postnatal follow-up according to clinical needs.

6. Counsellor or Mental Health Professional

Who are they?

A qualified counsellor or mental health professional can help participants consider the emotional, relational and practical aspects of surrogacy.

Typical roles

  • Support informed and voluntary decision-making.
  • Provide space to discuss expectations, concerns and boundaries.
  • Help participants prepare for possible emotional challenges.
  • Offer support or referrals when additional care is needed.

7. Lawyer or Legal Adviser

Who are they?

A qualified legal professional can explain the applicable legal framework and help participants understand documentation, rights, responsibilities and required procedures.

Typical roles

  • Explain relevant laws, regulations and eligibility requirements.
  • Review required documents and explain their legal significance.
  • Clarify issues concerning parentage, consent and legal formalities.
  • Advise on the correct process in the relevant jurisdiction.

8. Donor, Where Legally and Clinically Permitted

Who are they?

A donor may provide sperm or eggs for assisted reproductive treatment. Donor involvement is not required in every arrangement.

Typical considerations

  • Use of donor material must comply with applicable law and clinical requirements.
  • Consent, screening, records and confidentiality should be handled appropriately.
  • Participants should obtain professional advice about the implications of donor involvement.

9. Nurses, Midwives and Other Healthcare Professionals

Who are they?

Nurses, midwives and other members of the healthcare team provide practical, clinical and educational support during fertility treatment, pregnancy, delivery and recovery.

Typical roles

  • Assist with clinical assessments, treatment and patient education.
  • Support communication between the patient and clinical team.
  • Monitor health concerns and escalate them to the appropriate clinician.
  • Provide maternity, delivery or postnatal care within their professional scope.

10. Regulatory Authorities and Registered Clinics

Who are they?

In India, regulatory bodies and appropriate authorities have roles established by the Surrogacy (Regulation) Act, 2021, the ART (Regulation) Act, 2021 and the applicable rules. Clinics must meet relevant registration and compliance requirements.

Typical roles

  • Carry out regulatory functions assigned under the legislation.
  • Oversee registration and compliance within their statutory powers.
  • Apply prescribed procedures and requirements for relevant certificates and approvals.
  • Provide official information through designated government channels.

11. The Child

Why is the child central?

The child’s welfare, health, identity and legal status are important considerations throughout the arrangement. Planning should account for the child’s care after birth and the applicable rules concerning parentage, birth records and other formalities.

Remember: Not every surrogacy arrangement involves all of these people. The composition of the care team depends on the medical plan, whether donor material is used, the legal jurisdiction and the needs of the participants. In India, commercial surrogacy is prohibited, and arrangements must comply with the current statutory framework and rules.

Frequently Asked Questions (FAQs)

1. Who are the main people involved in surrogacy?

The main participants are generally the intended parent or parents and the surrogate mother. Fertility specialists, laboratory professionals, obstetricians, counsellors and legal advisers may also be involved.

2. Who are intended parents?

They are the person or people who intend to become the child’s parent or parents through the arrangement, subject to applicable law.

3. What is the role of the surrogate mother?

She carries the pregnancy and gives birth. Her health, dignity, privacy and informed consent should be respected throughout the process.

4. Does the surrogate always provide the egg?

No. In gestational surrogacy, an embryo is created through IVF and transferred to the surrogate’s uterus; she does not provide the egg.

5. What does a fertility specialist do?

The specialist assesses relevant fertility issues, discusses treatment options and coordinates fertility procedures where appropriate.

6. What is the embryologist’s role?

Embryologists carry out laboratory work such as fertilisation and embryo culture, document development and follow laboratory quality and identification procedures.

7. Who provides pregnancy care?

An obstetrician and maternity care team provide antenatal monitoring, assess concerns and help plan delivery and postnatal care.

8. Why might counselling be recommended?

Counselling can help participants explore expectations, emotional concerns, communication and the practical implications of surrogacy.

9. Does each participant need to give consent?

Consent requirements depend on the procedures and applicable law. Consent should be informed and voluntary, and professionals should explain the relevant requirements to each participant.

10. What does a lawyer do in a surrogacy arrangement?

A legal adviser can explain applicable law, documentation, eligibility rules and legal formalities, including issues relating to parentage.

11. Is a donor involved in every surrogacy arrangement?

No. Donor sperm or eggs may be considered in some treatment plans, but donor involvement is not universal and must comply with applicable requirements.

12. Who coordinates the IVF process?

The fertility clinic’s clinical team generally coordinates treatment, working with laboratory staff and other relevant professionals.

13. Who monitors the surrogate’s health during pregnancy?

The obstetrician and maternity care team monitor pregnancy and respond to clinical concerns, with care tailored to the individual.

14. What is the role of nurses and midwives?

They provide clinical assistance, patient education, maternity support and care within their professional scope.

15. Are agencies always involved?

No. The people and organisations involved vary by jurisdiction and arrangement. In India, any service or activity must comply with the law, including restrictions on commercial surrogacy and related conduct.

16. Who decides whether a medical procedure is appropriate?

Clinical decisions should be discussed with qualified treating professionals, with the patient’s informed consent and in accordance with applicable law.

17. Who is responsible for explaining medical risks?

The relevant treating clinician should explain the risks, benefits, alternatives and uncertainties of the proposed care and answer questions.

18. What is the role of regulatory authorities in India?

Authorities perform functions assigned by the surrogacy and ART legislation, including relevant regulatory oversight and processes.

19. Why should clinics be checked for registration?

Registration and compliance are part of the statutory regulatory framework. People considering treatment should verify a clinic’s status through appropriate official channels.

20. Is the child considered in planning from the beginning?

The child’s welfare and future care are important considerations, including health, parentage, records and post-birth arrangements under applicable law.

21. Can intended parents communicate directly with the surrogate?

Communication arrangements vary. Participants should discuss boundaries, privacy and expectations respectfully, with professional support if helpful.

22. Who should be told about sensitive medical information?

Medical information should be shared only as appropriate for care, consent and legal requirements. Participants should ask their providers how confidentiality and records are handled.

23. What if a participant has emotional concerns?

They can raise concerns with their care team or seek support from a qualified counsellor or mental health professional.

24. Who helps plan delivery?

The obstetrician and maternity team plan delivery based on the pregnant woman’s health, pregnancy progress and clinical circumstances.

25. Who handles post-birth legal formalities?

The responsible participants should obtain advice from qualified legal professionals and follow the applicable official process for parentage, birth records and related matters.

26. Are the same rules used in every country?

No. Surrogacy laws differ considerably across jurisdictions. Legal advice should be specific to the place where the arrangement and relevant procedures take place.

27. Who can confirm eligibility for surrogacy in India?

Eligibility must be assessed under current Indian law and the applicable administrative process. Consult qualified professionals and the relevant appropriate authority rather than relying on a general article.

28. Is commercial surrogacy legal in India?

Commercial surrogacy is prohibited under the Surrogacy (Regulation) Act, 2021. The arrangement must meet the statutory requirements for altruistic surrogacy.

29. Where can readers find official Indian information?

Readers can consult India Code and the National ART & Surrogacy Portal for legislation, rules, FAQs and regulatory information.

30. Can this article replace professional advice?

No. It is general educational content and cannot replace individual medical advice, legal advice or confirmation from the relevant authority.

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Official References and Further Reading

Author: SurrogacyDesk Editorial Team
Editorial purpose: General education about surrogacy, the people involved and related medical and legal concepts.
Disclaimer: This article is for general educational purposes only and does not constitute medical, legal or professional advice. Surrogacy laws and administrative requirements may change. Confirm current requirements with the relevant authority and qualified professionals before making decisions.