Is Surrogacy Banned in India?

Is Surrogacy Banned in India? 

No, surrogacy is not banned in India but it is highly regulated and only allowed to the prospective parents if they fulfill all the legal and medical criteria given in the surrogacy regulation Act 2021.

Surrogacy has long been a viable option for individuals or couples who are unable to conceive naturally. India, in particular, has been a popular destination for international intended parents seeking affordable and accessible surrogacy services. However, with recent changes to surrogacy laws, many may be wondering whether surrogacy is still an option in India.

In this post, we’ll explore the current surrogacy laws in India and clarify the restrictions, and explain what this means for intended parents looking at surrogacy as a path to parenthood.

Get in touch for FREE SURROGACY CONSULTING:

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The Legal Landscape of Surrogacy in India

The legal framework surrounding surrogacy in India has undergone significant changes in recent years, particularly with the passing of the Surrogacy (Regulation) Bill, 2020, which was enacted in December 2021. The bill aims to regulate surrogacy and address various concerns, including the exploitation of women and the ethical concerns surrounding commercial surrogacy.

Under the new law, commercial surrogacy is banned, meaning that intended parents can no longer pay surrogates beyond medical and legal expenses. The shift toward altruistic surrogacy means that surrogates are only compensated for their medical expenses and other necessary costs, but they cannot receive a profit for carrying the child.

This change has had a profound impact on the surrogacy industry, making it more ethical but also more restrictive for intended parents, particularly those coming from abroad.

 

More Resources to Read:

Cost of Surrogacy in USA: What to Expect

Who Can Become Surrogate Mother: Requirements And Info

Surrogate Mother Cost for Twins: What to Expect

Average Cost for Surrogacy: Detailed Breakdown

THE SURROGACY (REGULATION) ACT, 2021

 

• Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
• Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
• Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must. 
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
• Couple have not had any healthy surviving child biologically or by adoption.
• Have to have Medical indication necessitating gestation surrogacy.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
• Parentage Order passed by First class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.

 

Who Can Pursue Surrogacy in India?

The law now imposes strict eligibility criteria for intended parents who wish to pursue surrogacy in India. One of the key changes is that only Indian citizens and OCIs holder are allowed to engage in surrogacy. This means that foreign nationals  are no longer eligible to pursue surrogacy in India.

Other eligibility criteria for intended parents include:

• The intended parents must be married with clear medical indication for use of surrogate mother. 

• Women must be aged between 23 and 50 years, and men must be between 26 and 55 years old.

This limitation has removed India from being a go-to destination for international surrogacy, particularly for intended parents from countries where surrogacy is either illegal or heavily restricted.

The Surrogate Mother’s Role and Eligibility

In addition to the restrictions for intended parents, the Surrogacy (Regulation) Bill also lays out clear eligibility criteria for surrogates. To qualify as a surrogate, women must meet the following conditions:

• Be aged between 25 and 35 years old.
• Have already given birth to at least one healthy child of their own.
• Be married, with the consent of their husband.

The law also states that a woman can only act as a surrogate once in her lifetime. These restrictions aim to safeguard the well-being of surrogates and ensure that the process is ethical and non-exploitative.

The Surrogacy Process in India

 

If an intended parent meets the eligibility criteria, the surrogacy process in India involves several key steps:

1. Initial Consultation: The process typically starts with an initial consultation with a surrogacy agency or clinic. This step includes screening the intended parents and the surrogate for health and compatibility.
2. Legal Agreements: A critical step in the surrogacy process is drafting a legal agreement between the intended parents and the surrogate. This agreement outlines the rights, responsibilities, and expectations for both parties throughout the pregnancy and birth process.
3. IVF and Embryo Transfer: Surrogacy in India often involves in vitro fertilization (IVF), where embryos are created in a laboratory and transferred to the surrogate’s uterus. The surrogate will then carry the pregnancy to term.
4. Pregnancy Monitoring: Throughout the pregnancy, the surrogate will undergo regular medical check-ups to ensure the health of both herself and the child.

 

Cost of Surrogacy in india

While commercial surrogacy is banned in India, altruistic surrogacy in India still involves certain financial costs. These costs include medical expenses, legal fees, agency fees, and compensation for the surrogate’s expenses (such as maternity care and living costs). 

On average, the cost of surrogacy in India ranges INR 20 L to 30 L,  which is still lower than surrogacy costs in many Western countries. However, intended parents must budget carefully for all associated expenses.

 

Ethical and Social Implications of Surrogacy in India

Surrogacy in India has raised numerous ethical questions over the years, particularly regarding the treatment of surrogates and the potential for exploitation. The Surrogacy (Regulation) Bill aims to address these concerns by prohibiting commercial surrogacy and regulating the practices of surrogacy agencies. 

However, the ethical debate continues, with many critics questioning whether altruistic surrogacy fully addresses issues of consent, autonomy, and fairness.

 

Challenges Faced by Intended Parents

For international intended parents, navigating surrogacy in India under the new regulations can be challenging. The ban on commercial surrogacy and the restrictions on foreign nationals have made it harder for people from abroad to pursue surrogacy in India. Furthermore, understanding the complex legal and cultural landscape is crucial to avoid misunderstandings and potential legal issues.

 

The Future of Surrogacy in India

While the changes to surrogacy laws have undoubtedly affected the industry, it is too early to predict their long-term impact. The shift toward altruistic surrogacy and tighter regulations may make India a less popular destination for international surrogacy, but it could also lead to more ethical and regulated practices. It is essential for intended parents to stay informed about any changes in the law and consult with experts to ensure that they are making the right decisions.

 

Additional Resources to Read:

Choosing the Best Surrogacy Agency in Georgia Country

The Complete Guide to Surrogacy Cost Without Agency

13 Crucial Factors for Choosing the Right Surrogacy Agency for You

Why Ukraine Surrogacy Agency?

 

Conclusion

Surrogacy in India is not banned, but it is highly regulated under the Surrogacy (Regulation) Bill, 2020. The laws have shifted the country from being a hub for commercial surrogacy to a model focused on altruistic surrogacy, with specific restrictions on eligibility for both intended parents and surrogates. These changes have made surrogacy in India more ethical, but also more restrictive, especially for international intended parents.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Ukraine Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 14 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families.

Get in touch for FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: neelam@ivfconceptions.com

 

Why Choose us for your smooth and successful surrogacy journey!!

• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience. 
• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.  
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc. 
• All transparent financial transactions with affordability. You make direct payment with no additional fee on top. 
• No hidden agent fee or surprise cost later on.  All fees paid directly as per the agreement signed with service provider. 
• Dedicated case manager to each IPs. 
• Honest, transparent and quick communications.
• Assistance in all legal matters pertaining to visa and taking baby home process.
• Local support with access to all medical reports of egg donors and surrogate mothers.
• Assistance in all logistics of frozen sperms/embryos shipments. 
• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.

 

FAQs on Is Surrogacy Banned in India

 

1. Is surrogacy legal in India?
   Yes, surrogacy is legal in India, but only altruistic surrogacy is permitted under the Surrogacy (Regulation) Act, 2021.
2. What are the current surrogacy laws in India?
   The Surrogacy (Regulation) Act, 2021, bans commercial surrogacy and permits altruistic surrogacy for eligible Indian couples facing infertility.
3. What is altruistic surrogacy in India?
   Altruistic surrogacy involves no financial compensation to the surrogate beyond medical expenses and insurance.
4. Who can opt for surrogacy in India?
   Only Indian heterosexual married couples with proven infertility and meeting specific age criteria can pursue surrogacy.
5. Is commercial surrogacy allowed in India?
   No, commercial surrogacy has been banned in India since 2021.
6. What is the age limit for surrogacy in India?
   The female partner must be between 23–50 years, and the male partner must be between 26–55 years to qualify for surrogacy.
7. What is the legal procedure for surrogacy in India?
   The legal process involves obtaining medical infertility certification, approval from the appropriate authority, and meeting eligibility criteria under the Surrogacy Act.
8. How much does surrogacy cost in India?
   Since only altruistic surrogacy is allowed, the costs typically include medical expenses, surrogate care, and insurance, averaging ₹10–₹15 lakh.
9. Is surrogacy banned in India?
   Commercial surrogacy is banned, but altruistic surrogacy remains legal for eligible Indian couples.
10. . What is the Surrogacy Regulation Act 2021?
    This act regulates surrogacy in India, banning commercial surrogacy and allowing only altruistic surrogacy under strict eligibility rules.
11. . Are foreigners allowed to pursue surrogacy in India?
    No, foreigners, OCI/PIO holders, and NRIs cannot undertake surrogacy in India.
12. . What are the new surrogacy rules in India for 2024?
    The latest rules continue to uphold the ban on commercial surrogacy and emphasize stricter eligibility and approval processes.
13. . Is altruistic surrogacy legal in India?
    Yes, altruistic surrogacy is legal and regulated under Indian law.
14. . What is the role of a surrogate mother in India?
    A surrogate mother must be a close relative, married, and have at least one child of her own. She receives no payment apart from medical and insurance coverage.
15. . What are the rights of a surrogate mother in India?
    Surrogate mothers are entitled to medical care, insurance, and protection under the Surrogacy Act, but they cannot claim parentage rights.
16. . What is the cost of altruistic surrogacy in India?
    The cost covers medical treatment, care for the surrogate, and insurance, typically between ₹20–₹25 lakh.
17. . Is surrogacy legal in India for single parents or same-sex couples?
    No, surrogacy in India is only allowed for heterosexual married couples.
18. . What does surrogacy mean in India?
    Surrogacy involves a woman carrying a child for another couple, but only altruistic surrogacy is legal in India under strict guidelines.
19. . What are the conditions for surrogacy in India?
    Intended parents must be married for at least five years, prove infertility, and meet age and other legal requirements.
20. . What is the current status of surrogacy laws in India for 2024?
    Surrogacy laws in India remain unchanged, permitting only altruistic surrogacy with strict regulations to prevent misuse.