A positive spin off from inviting the media to follow our pregnancy was educating other couples that having a family via a surrogate in India may be a valid option for them too. This advice will provide information on how the surrogacy process in India operates, and how to get those all important babies back to Australia.
We get asked often why we headed to India to undergo surrogacy, and it's simple. In Australia, commercial surrogacy is not permitted and, if you can find someone willing to carry your baby for you for love, she's listed on the birth certificate as the mother (and her partner as the father). If she wants to keep the baby, you have no legal comeback. Surrogacy laws in Australia are in the process of being harmonised, but changes are still a long way off. Even then, commercial surrogacy will still not be allowed so demand for surrogates here will always outweigh supply. In India, we ARE the parents on the birth certificate (so no adoption is required as we're already legally recognised as the parents) and the surrogacy contract SEEMS to be enforceable. The validity of surrogacy contracts has not yet been tested by Indian courts (so who knows how many years or decades it will take to get through the system), so this is a bit of a grey area. But fundamentally the surrogate will not want to keep the baby as it is probably has a different colour skin - and the primary reason she has offered herself for this service is the payment, of which she receives the bulk of after birth. All up the cost will be a minimum of AU$30,000 (be prepared to spend a LOT more as you will probably not fall pregnant on your first attempt) and of that the surrogate receives around $5,000 (could be higher or lower depending on the agency you choose to work with). This is enough for many of these women to buy property, establish a business for their husband or to educate their children. Life changing stuff. Others use the money to pay off debt incurred while trying to better their position - such as payment of a bribe in exchange for a government job.
There are a few options when it comes to genetics of your future off spring. You could elect to undergo
IVF here in Australia or in India (we've done it twice in both countries) or you may require donor egg or sperm. Of the five main surrogacy agencies/clinics in India that seem to cater for western clients, two that we know of are currently affiliated with a
caucasian egg donor program - generally from South Africa. The other clinics rely solely on Indian women to become egg donors. If you undergo
IVF outside of India, you can ship your frozen embryos via a medical shipping company or you can take them to India yourself as hand luggage. There's a LOT of paperwork involved with carrying them yourself, so please only consider this if attention to detail is one of your strengths. The cost of shipping from Australia is around AU$3000. If you do require an egg donor, make sure that she has successfully produced via
IVF and is not "proven" because she can fall pregnant naturally. It's definitely not the same.
Please note - at least one of you must be biologically related to the baby/
ies in order for citizenship by descent to be granted to them. If you require both an egg and sperm donor, it is considered a private adoption and will not be recognised by the Australian authorities. DNA testing is a compulsory step before citizenship is granted and passport/s issued for the baby/
ies to travel home.
As you are the parent/s on the birth certificate in India, you are responsible for that child - regardless of the outcome.
You will have to do your own research into the clinics who offer surrogacy services in India, including what other clients have thought of them. It would be so much simpler if we could just get a referral from our GP to the 'specialist' we should see, but it just doesn't work like that. Think of it as arranging a holiday in another country without the help of a travel agent to guide you! There is a lot of information available on the
internet which didn't exist when we commenced in April 2008 - including a stack of blogs and at least three discussion forums (that are primarily for clients of that particular clinic). With anything you read online, take it all with a grain of salt.
Some excellent resources as a starting point are:
Surrogacy India Guide - this is updated (just about daily!!) by Peter Z from the US who became a proud father in August. Not only has Peter produced this amazing, impartial site he also has
journalled their own pregnancy also on the Global Doctor Options site. You can also access Peter's blog from our blog list. Start reading about surrogacy in India here and start to take note of the valid questions you should ask that Peter has captured.
CharlieCat has also shared her well thought out questions on her blog -
Chai Baby. As with all blogs, start reading from the end and work backwards. Of particular note are
Questions to ask - part 1. and
Questions to ask- Part 2 as well as
"Aged Mummy" and the need for an ED - really??.
While you're making lists, please also consider what you need to implement to survive your pregnancy from over 10,000
kms away. How often do you need updates? How do you want to receive these updates - via phone or email? Do you want to pick your own surrogate and/or meet her? Even though I love the fact that we met our surrogate and we saw her (our) pregnant belly first hand, this ended up causing us a lot of problems. There is a very high probability that there won't be any ongoing relationship after the pregnancy due to language barriers and probable lack of
internet availability so seriously consider this before you commence. Is it worth engaging a private lawyer to act on your behalf as an impartial person? When things don't go as planned, how does your agency/clinic deal with both the issue and you? Do they learn from the experience so others don't also experience the same problems in future? Do they support you or leave you to fend for yourself? Have you developed a relationship with the treating doctors (do you even know who they are?) so you can contact them directly if need be?
Always remember that you are dealing with another country which is culturally different so things will not always go as you expected.
A brilliant article on why women offer themselves for surrogacy in India (and are we exploiting these women...) was published in the Marie Claire magazine a few years ago. You can access it at
http://www.marieclaire.com/print-this/world/articles/surrogate-mothers-india.
Another option is to leave a comment to this blog post including your email address and I'll get back to you. Time is really of the essence in this house now, so if you're not willing to do at least some of your own research I'm sorry but I'm not the person to help you.
If nothing else I love that surrogacy gives us OPTIONS where we may not have had any. Don't forget to check your emotions at the door if you decide to take this route as it's a difficult enough journey as it is. Hard? Incredibly. Expensive? Yep, we'll be paying for it the rest of our working lives. Worth it? Absolutely.