India has long been a hub for surrogacy, but in recent years, the legal landscape has changed significantly. The focus is now on ethics, accountability, and the well-being of all involved. At Surrogacy Centre India, we ensure that every step of the process is legally compliant, medically safe, and emotionally supportive.
Altruistic Surrogacy Only
The cornerstone of Indian surrogacy law today is altruistic surrogacy, which means the surrogate mother cannot receive any financial compensation beyond medical expenses and insurance coverage. This shift from commercial to altruistic surrogacy is designed to eliminate exploitation and encourage surrogacy within a supportive familial or close-knit framework.
This legal framework places a strong emphasis on intent and integrity. It aims to protect the surrogate from coercion or financial motivation, ensuring that the act is carried out purely as a gesture of compassion.
Key Legal Requirements for Intended Parents
The Surrogacy (Regulation) Act, 2021, along with its 2024 amendments, sets out strict eligibility conditions:
- Citizenship: Only Indian citizens can opt for surrogacy.
- Marital Status: Couples must be legally married for at least five years.
- Age Criteria: The female partner must be 23 to 50 years, and the male partner 26 to 55 years.
- Parental Status: The couple must not have a living biological, adopted, or surrogate child—except in cases where the child is mentally or physically challenged or suffers from a life-threatening disorder.
- Medical Necessity: A doctor, recognized by the government, must certify that surrogacy is the only viable medical option for the woman to become a mother.
What Changed in 2024?
One of the most significant updates in the 2024 amendment allows the use of one donor gamete if either partner is proven medically infertile. Previously, both gametes had to belong to the couple. This update now supports couples where one partner is infertile but still wish to have a biological connection to the child.
This change brought relief to many couples who were previously excluded and now enables more families to qualify for altruistic surrogacy legally.
Surrogate Mother Eligibility
To be a legal surrogate, the woman must meet specific criteria:
- Must be a close relative of the intending couple.
- Age must be between 25 and 35 years.
- She should have given birth to at least one healthy child.
- She can only be a surrogate once in her lifetime.
- Must undergo full medical and psychological screening.
This ensures both safety and emotional preparedness for the surrogate.
Required Legal Documents
- Essentiality Certificate – Issued by a government medical board stating the necessity of surrogacy.
- Eligibility Certificate – Confirms both the intending couple and surrogate meet the criteria under law.
- Parentage Order – A court order from a Judicial Magistrate declaring the legal parentage of the child.
- Surrogate Insurance – At least 36 months of post-delivery insurance coverage is mandatory.
Why Legal Compliance Is Crucial
Failure to comply with these legal provisions can result in severe consequences:
- Legal penalties or imprisonment
- Invalidation of the surrogacy contract
- Ineligibility to register the child’s birth
- Complications in obtaining parental rights
That’s why Surrogacy Centre India ensures full legal support—from certificate applications to court filings—giving intending parents peace of mind.
Our legal team stays updated with every change in surrogacy law and assists you in compiling the required documentation. From your first consultation to the day you take your baby home, we make sure you are protected and legally secure.
