Is Surrogacy Legal in Mumbai?
Is surrogacy legal in Mumbai?
Yes — surrogacy is legal in Mumbai, but only altruistic surrogacy for eligible intended parents. Commercial surrogacy is completely banned. Surrogacy in Mumbai follows the national Surrogacy (Regulation) Act, 2021, the Surrogacy (Regulation) Rules, 2022, and the 2024 Amendment Rules.
In this guide, we explain who can do surrogacy in Mumbai, who can be a surrogate, which certificates you need, and how long approvals usually take.
The Surrogacy (Regulation) Act, 2021 – In a Nutshell
Key Takeaways
- Only altruistic gestational surrogacy is legal in Mumbai; commercial surrogacy is banned.
- Surrogacy laws are national, so the same rules apply in Mumbai as in the rest of India.
- Married Indian couples, Indian widows or divorcees aged 35–45, and OCI couples may be eligible.
- Foreign nationals, single men and same-sex couples cannot do surrogacy in India.
- For costs, see our guide to the surrogacy cost in Mumbai.
| Category | Key provisions |
|---|---|
| Type of surrogacy allowed | Only altruistic surrogacy; no payment to the surrogate beyond medical expenses and insurance |
| Clinic requirement | Only at registered surrogacy/ART clinics |
| Married couples | Female 23–50 years, male 26–55 years |
| Single women | Only widowed or divorced Indian women, aged 35–45 years |
| Citizenship | Indian citizens (including NRIs) and couples where both partners are OCI cardholders |
| Child condition | No surviving child (biological or adopted), except in cases allowed by law |
| Medical requirement | A medical indication for gestational surrogacy |
| Medical board | Certificate of medical indication from the District Medical Board |
| Certificate of Essentiality | From the Appropriate Authority |
| Legal requirement | Parentage order from a First Class Magistrate |
| Surrogate eligibility | Surrogate must get an eligibility certificate from the Appropriate Authority |
| 2024 amendment | Donor eggs or sperm may be used if all other conditions are met |
📞 Get in Touch for a Free Surrogacy Consultation
📱 +91-8800481100 (WhatsApp | LINE | Viber)
📧 neelam@ivfconceptions.com
Why Intended Parents Choose IVF Conceptions
🌍 15+ years of experience in India and international surrogacy
🏥 Partnerships with registered fertility clinics, backed by references from past clients
💸 Transparent pricing with no extra agency fees
🔒 No hidden costs — all charges are agreed upon upfront
🤝 A dedicated case manager for personal support
📑 Help with certificates, legal documentation and court orders
Additional guides for surrogacy in India:
Surrogacy law in India
Surrogacy cost in Mumbai
Surrogacy for NRI in India
Is Surrogacy Legal in Mumbai
In Mumbai, the rules for surrogacy are strict. The law only allows altruistic surrogacy. This means the surrogate does not get paid, except for reasonable expenses.
Surrogacy in Mumbai is regulated by national laws. These laws require clinics to be registered. They also set up boards to review each case.
There are rules against paying the surrogate too much. Also, embryo transfers from other countries are often banned. This makes sure everything is done fairly and openly.
How Surrogacy Is Regulated in Mumbai
In Mumbai, only altruistic surrogacy is allowed. The surrogate cannot be paid any fee; only her medical expenses and insurance can be covered. Clinics must be registered, and each case is reviewed by the relevant authorities. Importing embryos from abroad is not allowed.
What altruistic gestational surrogacy means in practice
In gestational surrogacy, the surrogate carries a baby with no genetic link to her. The embryo is created by IVF using the intended parents’ eggs and sperm, or donor gametes where legally permitted. The surrogate is a willing woman who meets the legal criteria; she does not have to be a close relative. She goes through medical checks, psychological evaluation and counselling before approval.
Recent legal updates and implications for intended parents
Recent legal changes for intended parents
- 2021: The Surrogacy (Regulation) Act banned commercial surrogacy.
- 2022: The Act came into force and the Surrogacy Rules set out the forms and certificates.
- 2024: The Amendment Rules allowed donor eggs or sperm when all other conditions are met.
- October 2025: The Supreme Court ruled that the Act’s age limits do not apply to couples who had frozen embryos and started the process before the Act came into force.
Who Can Do Surrogacy in Mumbai?
Intended parents
-
- Married Indian couples: female 23–50 years, male 26–55 years
- Indian widows or divorcees aged 35–45
- Couples where both partners are OCI cardholders. See our OCI guide
- A medical indication for surrogacy, certified by the District Medical Board
- No surviving child, except in cases allowed by law
Surrogate mother eligibility
- An ever-married Indian woman aged 25–35
- Has at least one child of her own
- Medically and psychologically fit
- Can act as a surrogate only once in her lifetime
- Cannot use her own eggs
- Must receive an eligibility certificate from the Appropriate Authority
Certificates and Approvals You Need
- Certificate of medical indication from the District Medical Board
- Certificate of Essentiality from the Appropriate Authority
- Certificate of Eligibility for the intended parents
- Eligibility certificate for the surrogate mother
- Insurance cover for the surrogate for 36 months
- Parentage order from a First Class Magistrate
How Long Do Approvals Take in Mumbai?
| Step | What happens | Typical timeline |
|---|---|---|
| Eligibility checks | Proof of age, marriage and medical need | 2–6 weeks |
| District Medical Board | Review of medical indication | 3–8 weeks |
| Surrogate screening | Medical, psychological and social assessment | 4–10 weeks |
| Parentage order | Court order establishing parentage | 4–12 weeks post-delivery for filings and hearings |
Surrogacy process in Mumbai
The Surrogacy Process in Mumbai
- Fertility tests for the intended parents (semen analysis, ovarian reserve, hormone tests)
- Ovarian stimulation and egg retrieval (intended mother or donor)
- Fertilisation through IVF or ICSI
- Embryo culture and fresh or frozen embryo transfer
- Pregnancy care with regular scans and check-ups until delivery
How to choose a surrogacy clinic in Mumbai
| What to check | Why it matters |
|---|---|
| Registration under the Surrogacy and ART Acts | Legal protection and ethical practice |
| Published success rates | Shows lab quality and clinical skill |
| Surrogate screening process | Reduces health risks |
| Antenatal care and NICU access | Protects mother and baby |
| Legal and counselling support | Prevents disputes and speeds approvals |
| Itemised costs | Helps you budget without surprises |
Why Choose IVF Conceptions in Mumbai
- 15+ years of experience and 4,000+ intended parents guided
- Help with certificates, legal documentation and court orders
- Coordination with registered clinics in Mumbai
- Transparent guidance on costs and legal changes
- Free initial consultation to check your eligibility
Conclusion
ConclusionYes, surrogacy is legal in Mumbai, but only altruistic surrogacy for eligible intended parents under the Surrogacy (Regulation) Act, 2021. Understanding the eligibility rules and approvals before you start helps you avoid delays and legal problems.
📞 Get in Touch for a Free Surrogacy Consultation
📱 +91-8800481100 (WhatsApp | LINE | Viber)
📧 neelam@ivfconceptions.com
http://www.completesurrogacy.com
http://www.georgiasurrogacyagency.com
IVF Costs in Mumbai
FAQs – Is Surrogacy Legal in Mumbai?
Is surrogacy legal in Mumbai?
What does “altruistic gestational surrogacy” mean?
Who is eligible for surrogacy in Mumbai?
Can foreign nationals do surrogacy in Mumbai?
Who can be a surrogate mother in Mumbai?
What certificates are required before treatment starts?
See our full surrogacy cost in Mumbai guide for an itemised breakdown.
