Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Single pregnancy loss during IVF and eligibility for surrogacy - Repeated pregnancy loss, including miscarriage, can make a couple eligible for surrogacy, especially when other options have failed. The regulations specify that couples with recurrent pregnancy loss or medical conditions preventing pregnancy may pursue surrogacy as an alternative reproductive option ["XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608"] ["SMT .XXXX vs UNION OF INDIA - Karnataka"].
Surrogacy regulations and gamete source requirements - According to the surrogacy guidelines, couples undergoing surrogacy must use their own gametes; donor gametes are generally not permitted for couples, but single women (widows/divorcees) must use their own eggs and donor sperm if necessary. The regulations emphasize that surrogacy is a regulated procedure intended for specific cases, including those with recurrent pregnancy issues ["XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608"] ["SMT .XXXX vs UNION OF INDIA - Karnataka"].
IVF procedures and criteria - IVF is described as a complex series of procedures leading to pregnancy, applicable in cases of fallopian tube damage, ovulation disorders, endometriosis, fibroids, sperm issues, unexplained infertility, or genetic disorders. Eligibility for assisted reproductive technology (ART), including IVF, depends on prescribed criteria, and both women and donors of gametes can avail of these services ["Mary Josphin Vijila Wife Of George M Vs Union Of India - Kerala"] ["Beena Wife Of Rajan Vs Union Of India - Kerala"] ["BINI P WIFE OF SUNIL KUMAR VS UNION OF INDIA - Kerala"] ["Jessy Joy Wife Of Joy Vs The Union Of India - Kerala"] ["Sahina P. Wife Of Shaik Abdul Salim vs Union of India Represented by its Secretary, New Delhi - Kerala"] ["Rukiya P.M. Wife Of Hydru Alias Bava vs Union Of India - Kerala"] ["XYZ VS Union of India through its Ministry of Health & Family Welfare, Department of Health Research - Bombay"] ["H. Siddaraju, S/o. Late Henjarappa VS Union of India, By its Secretary - Karnataka"] ["Vanaja Wife Of Raveendran Vs Union Of India - Kerala"] ["Sahina P Vs Union Of India - Kerala"] ["Rukiya P.m Vs Union Of India - Kerala"] ["Sajitha Abdul Nazar Wife Of Abdul Nazer P Vs Union Of India - Kerala"] ["DEVAYANI S vs UNION OF INDIA - Kerala"] ["VANAJA vs UNION OF INDIA - Kerala"] ["Mary Josphin Vijila Vs Union Of India - Kerala"] ["Bini P Wife Of Sunil Kumar Vs Union Of India - Kerala"] ["Beena Wife Of Rajan Vs Union Of India - Kerala"] ["Sajitha Abdul Nazar Wife Of Abdul Nazer P Vs Union Of India - Kerala"].
Conclusion - While the sources do not explicitly state that a single pregnancy loss during IVF automatically qualifies a couple for surrogacy, the emphasis on recurrent pregnancy loss as a criterion and the regulatory framework suggest that such couples may be eligible to pursue surrogacy as an alternative, especially when other fertility treatments have failed or are contraindicated. The regulations and guidelines are designed to accommodate cases with repeated pregnancy failures, including miscarriages, under specific medical and legal conditions ["XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608"] ["SMT .XXXX vs UNION OF INDIA - Karnataka"].
In the emotionally charged world of fertility treatments, many couples turn to IVF hoping for a successful pregnancy. But what happens when a single pregnancy loss occurs during IVF procedures? Does this setback automatically make a couple eligible for surrogacy? This is a common question for intending parents navigating India's complex reproductive laws.
The journey to parenthood can be fraught with challenges, including biochemical pregnancies, ectopic pregnancies, or miscarriages during IVF cycles. Understanding the legal landscape is crucial. This article explores whether such a pregnancy loss opens the door to surrogacy, drawing from key legal precedents, the Surrogacy (Regulation) Act, 2021, and medical insights. Note: This is general information and not specific legal advice. Consult a qualified lawyer for personalized guidance.
Pregnancy loss during IVF does not inherently bar or restrict eligibility for surrogacy, provided couples meet the medical and legal criteria under applicable laws. The framework recognizes failed IVF or pregnancy losses as potential justifications for surrogacy, especially with supporting medical evidence and compliance with statutory conditions. XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608
The Surrogacy (Regulation) Act, 2021, and its rules do not explicitly prohibit individuals with a history of pregnancy loss or IVF failure from pursuing surrogacy. Instead, the focus is on medical advisories and statutory requirements, not past outcomes alone. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462
Medical documents often highlight cases where couples face recurrent implantation failures, biochemical pregnancies, ectopic pregnancies, missed abortions, or conditions like uterine fibroids and endometriosis. For example, petitioners have undergone multiple IVF cycles, including frozen embryo transfers, only to experience losses. XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608 One case involved a petitioner advised against further ovarian stimulation due to risks, positioning surrogacy as the sole viable path. RAJITHA P. V. W/O SANTHOSH M. VS UNION OF INDIA REP. BY ITS SECRETARY, NEW DELHI - 2025 0 Supreme(Ker) 123
These scenarios establish valid medical grounds. When natural conception or carrying a pregnancy is impossible or risky, surrogacy becomes permissible. The Act prioritizes medical eligibility over pregnancy history. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462
Insights from IVF practices reinforce this. IVF success rates vary by age and health, and No cure/ no success is not a negligence. M. Kochar VS Ispita Seal In one instance, a patient with prior ectopic pregnancies pursued IVF after investigations, but low success rates are inherent, not negligent. This underscores that failures are common, supporting surrogacy as a next step. M. Kochar VS Ispita Seal
The Surrogacy (Regulation) Act, 2021, defines surrogacy as a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth. Ena W/o Ashish Jain VS State of Gujarat - 2022 Supreme(Guj) 643 The child is deemed biological, entitled to all rights of a natural child.
The Act permits surrogacy for those unable to conceive naturally or with conditions preventing successful pregnancy, emphasizing medical necessity over prior losses. RAJITHA P. V. W/O SANTHOSH M. VS UNION OF INDIA REP. BY ITS SECRETARY, NEW DELHI - 2025 0 Supreme(Ker) 123 Supreme Court interim orders in Writ Petition (Civil) No(s).756/2022 stayed restrictive amendments to Form 2, allowing donor gametes and recognizing medical indications like pregnancy losses. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462
Earlier frameworks, like the 2016 Bill, banned commercial surrogacy but allowed ethical surrogacy for eligible couples, excluding certain groups but not those with fertility failures. V. Ramachandra Reddy VS State of Telangana - 2018 Supreme(AP) 680
Repeated losses—biochemical, ectopic, or miscarriages—are legitimate reasons for surrogacy. The law assesses medical and legal fitness, not penalizing history. Ministry communications confirm surrogacy post-failures. XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608
Court observations affirm facilitating parenthood for the medically infertile, case-by-case with compliance. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462 For custody, High Courts under Article 226 have directed handover to intending parents post-birth, absent breastfeeding mandates in the Act. Ena W/o Ashish Jain VS State of Gujarat - 2022 Supreme(Guj) 643
Eligibility isn't automatic. Statutory conditions apply:- Age limits: Strictly enforced for intending parents. RAJITHA P. V. W/O SANTHOSH M. VS UNION OF INDIA REP. BY ITS SECRETARY, NEW DELHI - 2025 0 Supreme(Ker) 123Rajitha P. V. W/o. Santhosh M. VS Union of India - 2025 0 Supreme(Ker) 269- Medical fitness: Certifications required.- Procedural compliance: Consent, eligibility certificates. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462
IVF-related negligence claims fail if standard procedures are followed, as success isn't guaranteed. M. Kochar VS Ispita Seal
A single pregnancy loss during IVF does not disqualify couples from surrogacy; it may even support eligibility with proper medical backing under the Surrogacy Act, 2021. Courts and laws prioritize access to parenthood for those with genuine medical needs, focusing on current compliance rather than past setbacks.
Key Takeaways:- Pregnancy/IVF losses are valid grounds, not barriers. XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462- Meet all statutory criteria for smooth processes.- IVF failures are common; surrogacy offers hope.
Always consult professionals. This overview aids understanding but isn't advice. For tailored support, reach out to fertility law experts.
References:1. XXXX, Wife of XXXX VS Union Of India - 2023 0 Supreme(Kar) 608: Medical justification for surrogacy post-IVF failures.2. V. Girija VS State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai - 2024 0 Supreme(Mad) 462: Court rulings on eligibility and stayed restrictions.3. RAJITHA P. V. W/O SANTHOSH M. VS UNION OF INDIA REP. BY ITS SECRETARY, NEW DELHI - 2025 0 Supreme(Ker) 123: Cases on medical conditions.4. Ena W/o Ashish Jain VS State of Gujarat - 2022 Supreme(Guj) 643: Act definitions and custody.5. M. Kochar VS Ispita Seal: IVF success insights.
#SurrogacyLaw, #IVFIndia, #FertilityRights
In view of repeated implantation failure and pregnancy loss donor egg and surrogacy is the option for better pregnancy outcome. 18.13. ... (d) (I) Couple undergoing Surrogacy must have both gamete from the intending couple & donor gametes is not allowed; (II) Single woman (widow/divorcee) undergoing Surrogacy must use self ... However, the substituted Paragraph 1(d) is in the nature of a mandate prohibiting or permit....
In view of repeated implantation failure and pregnancy loss donor egg and surrogacy is the option for better pregnancy outcome. 18.13. ... (d) (I) Couple undergoing Surrogacy must have both gamete from the intending couple & donor gametes is not allowed; (II) Single woman (widow/divorcee) undergoing Surrogacy must use self eggs and donor sperms to avail surrogacy procedure. ... However, the substituted Paragraph 1(....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... been drafted in consonance with the provisions of the Surrogacy Bill 2019. ... IVF may be an option if a partner has fallopian tube damage or blocka....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... been drafted in consonance with the provisions of the Surrogacy Bill 2019. ... woman and donors of gametes are eligible to avail the assisted reprod....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... drafted in consonance with the provisions of the Surrogacy Bill 2019. ... woman and donors of gametes are eligible to avail the assisted reproductiv....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... been drafted in consonance with the provisions of the Surrogacy Bill 2019. ... woman and donors of gametes are eligible to avail the assisted reprod....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... with the provisions of the Surrogacy Bill 2019. ... The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... woman and donors of gametes are eligible to avail the assisted reproductive technology #HL_START....
What is in vitro fertilisation has been succinctly explained by the Mayo Clinic in the following manner: “In vitro fertilization, also called IVF, is a complex series of procedures that can lead to a pregnancy. ... with the provisions of the Surrogacy Bill 2019. ... The 1st petitioner has undergone in- vitro fertilisation (IVF) procedures at the 4th respondent hospital. ... woman and donors of gametes are eligible to avail the assisted reproductive technology #HL_STAR....
to term or would make the pregnancy life-threatening. ... The petitioners approached various fertility clinics between the period 2015 to 2022 and experts in the field, for proper treatment, fertility study etc. with a hope of pregnancy. However, the petitioners failed to get any positive results out of the IUI as well as IVF procedures undergone. ... However, the substituted Paragraph 1(d) is in the nature of a mandate prohibiting or permitting the use of gametes of the intending couple#HL_EN....
Regulation of surrogacy and surrogacy procedures. ... Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a health condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy.” ... procedures on the surrogate mother shall be such as may be prescribed; and (V) a certificate of medical and psychological fitness ....
8199 of 2023 before the Judicial First Class Magistrate Court-I, Thrissur, seeking an order regarding parentage and custody of the child. The learned Magistrate passed an order in favour of the Petitioners allowing their petition. However, the doctor attached to the surrogacy clinic found that there were some medical conditions in the proposed surrogate mother, which made her incapable of participating in the surrogacy process. The Petitioners thereafter identified another surrogate mother. - For the purposes of this sub-clause and item (I) of sub-clause (a) of clause (iii) the expression “g....
(II) the intending couple have not had any surviving child biologically or through adoption or through surrogacy earlier: Provided that nothing contained in this item shall affect the intending couple who have a child and who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure and approved by the appropriate authority with due medical certificate from a District Medical Board. (III) such other conditions as may be specified by the regulations.” (I) the intending couple are married and between the age of 23 t....
Section 8 of the Act of 2021 provides as under: “8. Section 2(zd) of Act of 2021 provides the definition of surrogacy as under: “2(zd). “surrogacy” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth.” A child birth born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time....
Bill 2016 envisages ban on unethical commercial surrogacy and also sale and purchase of human embryo and gametes, it allows ethical surrogacy and bans foreigners, homosexual couple, people in live-in relationships and single individuals to have babies through surrogacy. Chapter-III deals with regulation of surrogacy and surrogacy procedures. He would submit that answer ‘b’ alone is not correct, whereas answers ‘b’, ‘c’ and ‘d’ are correct.
The patient underwent several laboratory investigations and hormonal assessment. The OP gave total estimate for the treatment around Rs.65,000/- to Rs.70,000/-. The OP did not suggest any alternate method of treatment except IVF. Therefore, because of long desperation of infertility the couple agreed for IVF treatment in the hands of OP.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
