The surrogacy law in India allows altruistic surrogacy for eligible Indian couples and OCI cardholders who meet the required medical conditions. The surrogacy (Regulation) Act2021 provides a legal framework for surrogacy in India and sets rules for intended parents, surrogate mothers and fertility clinics.
The surrogacy (Regulation) Act aims to protect everyone involved in the process. It provides safeguards for the surrogate mother, including proper medical care, informed consent, health insurance and protection from exploitation. It also protects the legal rights of children born through surrogacy and provides clarity regarding their parentage.
Under the current surrogacy rules in India, commercial surrogacy is prohibited. Only altruistic surrogacy is permitted, meaning the surrogate cannot receive commercial payment beyond the expenses and insurance allowed under the law. The law also defines eligibility requirements for intended parents and surrogate mothers.
At IVF Conceptions, we help intended parents understand the surrogacy law in India and navigate the medical and legal requirements. Our team provides guidance with eligibility, documentation, fertility treatment coordination and compliance with the applicable regulations.
UpdatedCurrent Surrogacy Rules – Is Surrogacy Legal in India?
Yes, surrogacy is legal in India, but it is permitted only under specific conditions set by Indian surrogacy law. The following are the key current surrogacy rules in India:
- Altruistic surrogacy only: Only altruistic surrogacy is allowed. The surrogate mother cannot receive any direct financial benefit for carrying the pregnancy.
- Registered surrogacy clinic: Surrogacy treatment must be carried out at a registered surrogacy clinic, including an ART-registered clinic permitted to provide these services.
- Eligibility of intended parents: A married Indian female should be between 25 and 50 years of age and the male should be between 26 and 55 years of age.
- Single woman: A divorced or widowed single woman between 35 and 45 years of age may be eligible, subject to the applicable legal requirements. A genetic link is required.
- Indian citizens and OCI: Surrogacy is permitted for eligible Indian citizens and OCI cardholders who meet the required conditions.
- No healthy surviving child: The couple must not have a healthy surviving child, whether biologically or through adoption, subject to applicable exceptions.
- Medical indication: There must be a medical indication necessitating gestational surrogacy.
- Required certificates: Intended parents must obtain an essentiality certificate from the Appropriate Authority and a certificate of medical indication from the District Medical Board.
- Parentage order: A parentage order is required from the First Class Magistrate as applicable under the legal process.
- Surrogate mother eligibility: The surrogate mother must obtain an eligibility certificate from the Appropriate Authority.
- Egg or sperm donor: The amended rules allow the use of an egg donor or sperm donor when all other legal conditions are fulfilled.
- Commercial surrogacy: Commercial surrogacy in India is not permitted. Only altruistic surrogacy is allowed under the law.
Surrogacy Law For Single Parent in India
The surrogacy law for single parent in India are quite strict and depend on the person’s marital status and eligibility under Indian law. A single woman may be eligible for surrogacy if she is an Indian widow or divorcee aged 35–45 years, provided she meets the required medical and legal conditions.
The law does not generally allow a single man to opt for surrogacy in India. Surrogacy for a single woman is also not automatically permitted simply because she is unmarried. She must fall within the specific category recognized under the Surrogacy (Regulation) Act and obtain the required medical and legal approvals.
The surrogacy law for single parent in India also require the intending woman to meet the applicable eligibility conditions and have a qualifying medical indication for gestational surrogacy. Before beginning treatment, it is advisable to confirm eligibility with a registered surrogacy clinic and the relevant authorities.
Surrogacy Law For Same-Sex Couples in India
The surrogacy law for same-sex couples in India does not currently allow same-sex couples to access surrogacy as an intended couple. Under the Surrogacy (Regulation) Act, an eligible couple is defined as a legally married Indian man and woman who meet the required medical conditions for gestational surrogacy.
As same-sex couples do not fall under this legal definition, they cannot currently pursue surrogacy in India as a couple. The surrogacy law for same-sex couples in India may change in the future if the legal framework is amended, but currently, same-sex couples should explore countries where surrogacy is legally available to them.
Before making any treatment or travel plans, it is advisable to seek advice from a qualified fertility and legal professional.
Consideration for Surrogate Mothers in India
A surrogate mother in India must meet specific legal and medical requirements to ensure her safety and the well-being of the baby.
- She must be a married woman aged 25–35 years with at least one biological child.
- Surrogacy must be altruistic, as commercial surrogacy is not permitted.
- She must provide the required medical and psychological fitness certificates.
- She must meet all eligibility conditions set by the Appropriate Authority.
- The surrogate can undergo surrogacy only within the limits prescribed by law, with medical procedures focused on reducing risks to her and the baby.
Legal Requirements for Surrogacy in India as per Surrogacy Act 2021
The Surrogacy (Regulation) Act, 2021 and its amendments provide the following key rules:
Eligibility for Intended Parents
| Criteria | Details |
| Marital Status | Only married Indian heterosexual couples & eligible single women (widowed/divorced, 35-45) |
| Age Requirement | Female: 23-50 years / Male: 26-55 years |
| Medical Indication | A certificate proving medical infertility is mandatory |
| Child Status | Must not have a biological/adopted child, except for terminal illness cases |
Surrogate Mother Criteria
| Criteria | Details |
| Eligibility | Only a married woman (25-35 years) with at least one biological child |
| Number of Surrogacies | A surrogate can only participate once |
| Compensation | No monetary compensation—only medical expenses & insurance |
| Legal Documentation | Must obtain eligibility certificate from authorities |
Legal Note: Same-sex couples and single men cannot pursue surrogacy in India.
Legal Process for Surrogacy in India
The legal process for surrogacy in India involves several steps to ensure that the intended parents and surrogate mother meet all legal and medical requirements.
- Medical Assessment: Obtain the required medical certificate confirming the medical need for gestational surrogacy from the appropriate authority.
- Required Certificates: Apply for the necessary Certificate of Essentiality and Certificate of Eligibility through the relevant authorities.
- Surrogate Eligibility: The surrogate mother must meet the legal eligibility requirements and obtain the required approval.
- Legal Documentation: Complete the required legal documentation and approvals before starting treatment.
- IVF and Embryo Transfer: Once all approvals are in place, IVF treatment and embryo transfer can proceed at a registered clinic.
- Parentage and Birth Documentation: After birth, complete the required legal process to establish the intended parents’ legal parentage and obtain the necessary documents.
Documents Needed for Surrogacy in India
The key documents generally required under the Surrogacy Act of India include:
- Approval from the State ART Board for availing surrogacy.
- Certificate of Eligibility for the intended couple or woman.
- Certificate of Eligibility for the surrogate mother.
- Certificate of Essentiality confirming the medical need for surrogacy.
Intended Parents’ Eligibility Criteria – India (New Surrogacy Regulation Act 21)
| Category | Criteria |
| For Married Couples | – Husband: 26–55 years
– Wife: 23–50 years |
| For Single Women | – Only widows or divorcees eligible –
– Age: 23–50 years – – Can use sperm donor only (egg donation not allowed) |
| For Couples of Indian Origin | Both partners must hold OCI (Overseas Citizen of India) cardsand fulfill other criteria |
| Application Process | Must apply in their resident district/ward in the state of surrogacy |
| Medical & Legal Guidelines | – Cannot already have a healthy biological child –
– Egg donor cycles allowed – – Embryo import from abroad not allowed – Embryos can be transferred between registered clinics in India – – Sex selection strictly prohibited – – Must obtain Certificate of Medical Indication from the District Medical Board – Must obtain – Certificate of Essentiality – – Parental Order to be issued by a First-Class Magistrate for couple and surrogate |
| For Surrogate Mother’s Protection | – Must provide general health insurance for 36 months –
– Must submit an affidavitguaranteeing compensation in case of complications |
| Clinic Requirement | Surrogacy must be performed only at a ART Registered surrogacy clinic under the Act |
Surrogate Mother Eligibility Criteria (India)
| Requirement | Details |
| Age | Must be between 25 and 35 years |
| Citizenship | Must be an Indian citizen |
| Marital Status | Must be an ever-married woman (married, divorced, or widowed) |
| Motherhood | Must have given birth to at least one child of her own |
| Willingness | Should voluntarily agree to act as a surrogate |
| Genetic Link | Cannot be genetically related to the child born through surrogacy |
| Health | Must hold valid medical and psychological fitness certificates |
| Surrogacy Frequency | Can act as a surrogate only once in her lifetime |
| Embryo Transfer Attempts | Maximum of three attempts allowed for the same couple to achieve pregnancy |
| Eligibility Certificate | Must obtain an Eligibility Certificate from the Appropriate Authority |
| Court Appearance | Required to appear in court for obtaining the Parental Order |
| Documentation | Must provide a Marriage Certificate |
FAQs
- Is surrogacy legal in India?
Yes, surrogacy is legal in India, but it is strictly regulated. Only altruistic gestational surrogacy is permitted and intended parents and surrogate mothers must meet specific eligibility and medical requirements under Indian law. - Who can opt for surrogacy in India?
An eligible married couple with a medical indication requiring gestational surrogacy may qualify. Indian-origin couples, including eligible OCI couples under the applicable rules, may also qualify subject to the required conditions and approvals. - What are the age requirements for surrogacy in India for intended parents?
The eligibility rules generally require the female partner to be 23–50 years old and the male partner to be 26–55 years old at the time of certification. Other legal and medical requirements must also be fulfilled. - Is single-male surrogacy legal in India?
No. The current legal framework does not provide eligibility for a single man to commission surrogacy in India. - Is surrogacy legal for same-sex couples in India?
The Surrogacy (Regulation) Act defines an intending couple within the framework of a legally married Indian man and woman. Therefore, same-sex couples are not currently covered as eligible intending couples under the Act. - Is surrogacy available to foreigners in India?
Foreign nationals cannot simply travel to India to pursue surrogacy. The rules specifically recognize eligible couples of Indian origin who are both OCI cardholders, subject to the conditions of the Surrogacy Act and applicable rules. - Is embryo donation allowed for surrogacy in India?
Embryo donation should not be treated as generally permitted for surrogacy. Indian surrogacy law and rules regulate the use of gametes and embryos and eligibility depends on the specific medical and legal circumstances. A fertility specialist and appropriate authority should confirm whether a proposed treatment is permitted. - Who can become a surrogate mother in India?
A surrogate mother must generally be an ever-married woman aged 25–35 years who has a child of her own. She must also meet the required medical and psychological fitness criteria and obtain the necessary eligibility approval. - What is a Certificate of Essentiality for surrogacy?
A Certificate of Essentiality is an official approval confirming that the intended parents or intending woman meet the required conditions for surrogacy, including the necessary medical indication certified by the District Medical Board. - What happens if someone violates surrogacy laws in India?
Penalties depend on the specific violation. Certain offences can carry imprisonment of up to 10 years and a fine of up to ₹10 lakh. Commercial surrogacy and exploitation are specifically prohibited.
Why Choose IVF Conceptions for Surrogacy in India
If you are considering surrogacy in India, contact IVF Conceptions for a personalized consultation. Our team can help you understand your eligibility, required approvals, treatment process and expected costs, so you can take the next step with greater clarity and confidence.
Why Intended Parents Choose us:
- 16+ years of surrogacy experience in International surrogacy domain
- Experience in India and international programs
- 4000 intended parents assisted in 35 countries with surrogacy guidance
- Personalized support
- Independent guidance
- Strong clinic and professional networks
- Transparency and honest communication
- Long-term relationships with intended parents