Surrogacy Rules in India 2025: A Comprehensive Guide

Surrogacy in India has undergone significant legal and procedural changes in recent years. The Surrogacy (Regulation) Act of 2021, combined with subsequent amendments, has established stringent rules for all parties involved. 

This blog explores the updated surrogacy rules in India 2025, covering the legalities, eligibility criteria, and surrogacy process.

Get in touch for FREE SURROGACY CONSULTING:

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Email: neelam@ivfconceptions.com

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What Is Surrogacy?

Surrogacy is a process where a woman (the surrogate mother) carries and delivers a child for another person or couple, known as the intended parents. In India, only altruistic surrogacy is permitted under strict legal guidelines, meaning the surrogate cannot be paid, except for medical and insurance expenses.

 

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

 

Surrogacy Rules in India 2025

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.

Is Surrogacy Legal in India?

Yes, surrogacy in India is legal, but only under the framework of the Surrogacy (Regulation) Act. The act allows altruistic surrogacy while banning commercial surrogacy. This means intended parents cannot pay the surrogate mother beyond covering her medical expenses.

 

Surrogacy Laws in India: Key Rules for 2025

The surrogacy laws in India 2025 ensure ethical practices and protect the rights of all parties involved. Below are the primary rules:

1. Altruistic Surrogacy Only

• Commercial surrogacy is banned.
• Surrogates can only receive compensation for medical expenses and insurance.

2. Eligibility for Intended Parents

• Must be an Indian couple married for at least five years.
• The wife must be aged 23-50 years, and the husband must be aged 26-55 years.
• Proof of medical necessity for surrogacy is mandatory.

3. Eligibility for Surrogate Mothers

• The surrogate must be a close relative of the intended parents.
• She must be between 25-35 years old.
• She must have at least one biological child and should be medically and psychologically fit.

4. Legal Approvals

• Intended parents must secure certificates of eligibility and medical necessity from a government-approved board.
• Surrogacy agreements must be notarized to ensure legal compliance.

 

5. Ban on Certain Categories

The following groups are prohibited from opting for surrogacy in India:

• Foreign nationals.
• LGBTQ+ individuals.
• Single parents.

How Does Surrogacy Work in India?

Here’s a step-by-step breakdown of the surrogacy process in India:

1. Medical Evaluation:
   Both the intended parents and the surrogate undergo detailed medical evaluations.
2. Legal Clearance:
   Required certificates and agreements are submitted to the government.
3. In-Vitro Fertilization (IVF):
   The embryo is created using IVF and transferred to the surrogate.
4. Pregnancy and Birth:
   The surrogate carries the baby to term, with regular medical supervision.
5. Handover of the Child:
   After birth, the child is legally handed over to the intended parents.

 

Current Status of Surrogacy in India

The current status of surrogacy in India allows altruistic surrogacy under strict regulations. Surrogacy for foreigners, LGBTQ+ individuals, and single parents remains prohibited.

 

Surrogacy Costs in India

The cost of surrogacy in India depends on medical procedures and legal compliance. On average, it ranges from ₹20 to ₹30 lakhs for the entire process. This includes IVF costs, legal documentation, and surrogate medical expenses.

Final Thoughts on Surrogacy in India

The surrogacy rules in India 2025 are designed to ensure ethical practices and protect the rights of intended parents, surrogates, and the child. While the process is highly regulated, it remains a viable option for Indian couples facing infertility challenges.

If you’re considering surrogacy, consult a legal expert and a certified fertility clinic to navigate the process smoothly.

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 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 About Surrogacy Rules in India 2025

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 ₹20–₹30 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 ₹10–₹15 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.