Is Surrogacy Legal in India? All You Need to Know

Is Surrogacy Legal in India? All You Need to Know

 

Yes, surrogacy is legal in India but highly regulated and restricted as per the surrogacy regulation Act 2021. Surrogacy in India has become a prominent topic of discussion, especially in light of the evolving legal landscape surrounding reproductive technologies. The current status of surrogacy in India has undergone significant changes over the years, influenced by both ethical considerations and the demand for surrogacy services. 

As of 2025, the surrogacy law in India aims to regulate the practice more comprehensively, ensuring that the rights of all parties involved, particularly that of the surrogate mother, are upheld and protected.

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Historically, India was seen as a hub for international surrogacy, attracting couples from around the world due to its relatively lax regulations and affordable costs. However, concerns about exploitation and the welfare of surrogate mothers prompted the Indian government to establish stricter guidelines. 

The surrogacy in India law now mandates that surrogacy arrangements be altruistic, meaning that commercial surrogacy is prohibited. This shift aims to reduce the risks of exploitation while promoting ethical practices within the sector.

Current status of surrogacy in India

The surrogacy law in India 2025 introduces several key provisions, including the requirement that only married heterosexual couples with a proven infertility issue may seek a surrogate. 

Furthermore, the new regulations stipulate comprehensive medical and legal screening for both surrogates and intended parents, ensuring that all parties understand the implications of such arrangements. 

These changes reflect a growing recognition of the need for robust safeguards that support and protect surrogate mothers while addressing the increasing ethical scrutiny surrounding assisted reproductive technologies.

As the landscape continues to evolve, it is important for individuals considering surrogacy in India to stay informed about the latest legal developments. 

Understanding the implications of the surrogacy law in India 2025 is crucial for all potential parents and surrogates, as it not only dictates the procedures involved but also enhances the protections available to those engaged in the practice. 

Surrogacy Laws-India

Current or updated Surrogacy Laws in India

The legal landscape of surrogacy in India has evolved significantly over the past decade, responding to the growing demand for assisted reproductive technologies and the ethical implications that accompany them. 

However, the complexities of surrogacy arrangements have necessitated a detailed examination of the legal procedure for surrogacy in India, which remains a subject of ongoing debate and reform.

Navigating the legal procedure for surrogacy in India requires an understanding of the relevant laws, including eligibility criteria for intended parents and surrogates, the roles of medical and legal practitioners, and the process of establishing parental rights post-birth. 

Intended parents must ensure that they comply with all legal requirements to avoid complications regarding the legitimacy of their relationship with the surrogate child. Additionally, the enforcement of these laws poses challenges, particularly in rural areas where awareness and access to legal resources may be limited.

As surrogacy in India continues to develop, stakeholders, including lawmakers, medical professionals, and advocacy groups, are engaged in ongoing dialogues to refine and enhance the legal framework. The emphasis on ethical practices, protection of surrogate rights, and the well-being of children born through these arrangements is central to shaping a robust legal environment that can address the complexities of modern reproductive technologies while upholding human dignity and rights

 

Key Points to Know About Surrogacy Laws in India

Twin Babies

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. 

 

Legal Requirements for Surrogacy in India

India has specific laws governing surrogacy to protect the rights of all parties involved. Here are the key legal requirements:

  • Eligibility of Intended Parents

Only Indian married couples who have been married for at least five years are eligible.

Couples must be aged between 23-50 years (wife) and 26-55 years (husband).

Intended parents must not have surviving biological or adopted children, with exceptions for medical conditions.

  • Prohibition of Commercial Surrogacy

Commercial surrogacy is banned in India. Only altruistic surrogacy, where no monetary compensation (other than medical expenses and insurance) is involved, is allowed.

  • Eligibility of Surrogate Mother

The surrogate must be a close relative of the intended parents.

She should be a married woman with at least one child of her own.

Age limit for surrogates is 25-35 years.

A surrogate can only participate in surrogacy once in her lifetime.

  • Medical Conditions for Surrogacy

 

Surrogacy is permitted only for medically proven infertility.

A certificate of medical necessity from a registered doctor is mandatory.

  • Legal Documentation

A surrogacy agreement must be signed by both parties, detailing responsibilities and terms.

All surrogacy arrangements must comply with the Surrogacy (Regulation) Act, 2021.

  • Regulation by Surrogacy Boards

 

Surrogacy must be carried out in registered clinics under the supervision of national and state surrogacy boards.

  • Child’s Rights

 

The child born through surrogacy will have all rights equivalent to a biological child of the intended parents.

The child must be immediately handed over to the intended parents after birth.

 

Ban on Foreigners and LGBTQ+ Couples

gay couple

Surrogacy in India is restricted to Indian citizens and OCI/PIO holders; foreign nationals and LGBTQ+ couples are not eligible under current laws.

By adhering to these legal requirements, surrogacy in India ensures a regulated process while protecting the interests of all parties involved. 

 

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?

 

Current status of surrogacy in India

 

Surrogacy in India is strictly regulated under the Surrogacy (Regulation) Act, 2021, which outlines the following:

 

Ban on Commercial Surrogacy: Commercial surrogacy is prohibited, and only altruistic surrogacy is permitted. This means surrogates cannot be paid beyond medical expenses and insurance coverage.

Eligibility Criteria: Surrogacy is limited to Indian heterosexual married couples facing proven medical infertility.

Same-sex couples, single parents, foreigners, and live-in partners are not eligible for surrogacy in India.

Surrogate Requirements: Surrogates must be close relatives of the intended parents, married, and have at least one child of their own.

A woman can be a surrogate only once in her lifetime.

Role of Medical Boards: National and state surrogacy boards regulate and oversee all surrogacy practices.

Surrogacy is allowed only in clinics registered under the boards.

Ban on International Surrogacy: Foreign nationals are not eligible to undertake surrogacy in India.

Altruistic Surrogacy in India Only: Surrogacy is strictly limited to altruistic purposes for intended parents who meet the medical and legal conditions.

The current legal framework aims to ensure ethical practices, protect surrogate mothers, and prioritize the welfare of the child. 

However, these restrictions have significantly reduced the accessibility of surrogacy, leading many intended parents to explore international options.

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

📮  www.ivfconceptions.com

 

why us Ukraine Surrogacy Agency

FAQs on Surrogacy in India

Is surrogacy legal in India?

Yes, surrogacy is legal in India, but only altruistic surrogacy is permitted under the Surrogacy (Regulation) Act, 2021.

 

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.

 

What is altruistic surrogacy in India?

Altruistic surrogacy involves no financial compensation to the surrogate beyond medical expenses and insurance.

 

Who can opt for surrogacy in India?

Only Indian heterosexual married couples with proven infertility and meeting specific age criteria can pursue surrogacy.

 

Is commercial surrogacy allowed in India?

No, commercial surrogacy has been banned in India since 2021.

 

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.

 

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.

 

How much does surrogacy cost in India?

Since only altruistic surrogacy is allowed, the costs typically include medical expenses, surrogate care, and insurance, averaging ₹20–₹30 lakh.

 

Is surrogacy banned in India?

Commercial surrogacy is banned, but altruistic surrogacy remains legal for eligible Indian couples.

 

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.

 

Are foreigners allowed to pursue surrogacy in India?

No, foreigners, OCI/PIO holders, and NRIs cannot undertake surrogacy in India.

 

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.

 

Is altruistic surrogacy legal in India?

Yes, altruistic surrogacy is legal and regulated under Indian law.

 

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.

 

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.

 

What is the cost of altruistic surrogacy in India?

The cost covers medical treatment, care for the surrogate, and insurance, typically between ₹20–₹30 lakh.

 

Is surrogacy legal in India for single parents or same-sex couples?

No, surrogacy in India is only allowed for heterosexual married couples.

 

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.

 

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.

 

What is the current status of surrogacy laws in India for 2025?

Surrogacy laws in India remain unchanged, permitting only altruistic surrogacy with strict regulations to prevent misuse.

 

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“On April 18th, my wife Laura and I were fortunate enough to have a daughter born via surrogacy in India. From what we are told, she will be one of the last if the ban on commercial surrogacy for foreigners put in place last year is not reversed. More Testimonials

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Ukraine Surrogacy Agency is a healthcare consultant, not a medical facility. All information and data published on this website is for informational purposes only and not intended to be a substitution or a priority before medical advice of your doctor. The website visitors are encouraged to confirm the information contained herein with their professional healthcare providers/reproductive lawyers. IVF Conceptions will not be liable for any direct, indirect, consequential, exemplary, or other damages arising from the violation or misinterpretation of such recommendations.

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