Surrogacy Rackets in India—What Patients Must Know
Patient: Dr Malpani, I saw news about a surrogacy racket in Hyderabad. Couples thought they were doing legal surrogacy, but babies were allegedly “sold”. I’m shocked—and scared. Is surrogacy even safe any more?
Dr. Malpani: I understand your concern. The intention behind India’s surrogacy and ART laws was to protect women and children. But when altruistic-only surrogacy meets weak enforcement, a black market can emerge. Then, even when the paperwork looks “perfect”, the reality can be murky.
Patient: Why is altruistic surrogacy so difficult?
Dr. Malpani: Because very few women are willing—and able—to carry a pregnancy purely for altruism. That scarcity creates pressure. Desperate couples become vulnerable to brokers who promise quick solutions, and some clinics may look away as long as forms are signed. The law on paper says one thing; the incentives on the ground push in the opposite direction.
Patient: So how do we protect ourselves if we are considering surrogacy for medical reasons?
Dr. Malpani: Start with due diligence and zero tolerance for shortcuts.
- Work only with registered clinics. Ask for the clinic’s ART registration details and verify them. Avoid anyone who says “we’ll arrange everything” outside the clinic.
- No middlemen. Deal directly with the treating clinic’s authorised team, not “coordinators” or “agents”.
- Insist on full documentation. Every consent, identity proof, medical indication, and legal agreement must be in writing. Refuse cash payments and keep receipts.
- Independent legal review. Before signing, have your agreements reviewed by a lawyer who understands ART/surrogacy—not just a generic agreement drafter.
- Transparency over speed. If someone pressures you to “sign today” or hides details “to keep it simple”, treat that as a red flag.
- Ethics check. Ask the clinic to explain, step by step, how they ensure the surrogate’s informed consent, medical safety, and fair treatment—in practice, not just on paper.
Patient: What about the fear that everything will be “papered over” anyway?
Dr. Malpani: That’s exactly why you must own the process. Keep your own file: meeting notes, emails, fee breakdowns, consent forms, ID verifications, and the medical indication for surrogacy. If a clinic resists documentation, walk away. Good clinics welcome transparency.
Patient: Given these risks, should we avoid surrogacy altogether?
Dr. Malpani: Surrogacy should be rare and medically justified—for example, when a woman cannot safely carry a pregnancy (absent uterus, severe medical contraindication). Many couples pushed toward surrogacy actually do well with standard IVF when the uterus is healthy. Surrogacy is not a shortcut for failed IVF due to egg quality or sperm issues—that’s a different problem with different solutions.
Patient: If our tubes or uterus are fine, you’d suggest IVF first?
Dr. Malpani: Yes. IVF often addresses the real medical issue more directly, with far fewer legal and ethical complexities. If, however, surrogacy is truly indicated, proceed only with a registered clinic, rigorous documentation, and independent legal counsel.
Patient: This is sobering—but helpful. Any final advice?
Dr. Malpani: Three rules:
- No brokers. Engage only with registered clinics and named, accountable staff.
- No shortcuts. Everything in writing; no under-the-table payments.
- Know your alternatives. Consider IVF, and keep adoption in mind as a dignified, ethical path to parenthood.
When patients insist on transparency and documentation, they’re far less likely to be exploited.
Patient: Thank you, Doctor. We’ll slow down, verify everything, and choose the safest path.