India permits surrogacy only in the form of altruistic surrogacy, governed by the Surrogacy (Regulation) Act, 2021 and the ART (Regulation) Act, 2021. These laws apply equally to Indian citizens and OCI (Overseas Citizen of India) cardholders, provided all eligibility and legal requirements are fulfilled.
At Surrogacy Centre India, all surrogacy treatments for OCI patients are conducted strictly as per Indian law, ensuring ethical practice, transparency, and legal protection for all parties involved.
Yes. OCI patients are permitted to pursue altruistic surrogacy in India, subject to compliance with the Surrogacy (Regulation) Act, 2021.
Key legal points for OCI patients:
OCI patients are treated under the same legal framework as Indian citizens, with additional documentation requirements related to residency and nationality status.
Book Appointment Surrogacy Law
After the birth of the child, the intended parents must obtain an order from a Judicial Magistrate First Class establishing legal parentage and custody of the surrogate child. This order legally confirms that the child belongs to the intended parents and safeguards inheritance and citizenship rights.
All surrogacy and IVF procedures must be carried out only at clinics registered under:
Surrogacy Centre India ensures that eligibility certificates and medical approvals are obtained before initiating treatment.
Before commencing the surrogacy procedure in the beginning, both parents as well as the surrogate mother have to undergo thorough medical checks. A District Medical Board must certify that the parents who are planning to adopt have a medically valid reason for surrogacy and that the surrogate mother is mentally and physically fit for the process of pregnancy. This assessment includes tests for fertility, blood tests, and a general health screening and psychological preparedness to ensure a secure and healthy journey to surrogacy.
Everyone, including the intended parents and surrogate mom, is required to attend legal counseling to learn about their rights, responsibilities, and the laws in the Surrogacy Act. Surrogates must sign an explicit consent in writing and may decide to withdraw the consent before embryo transfer. A counselor will ensure there's no confusion or pressure and that everyone is aware of their legal rights.
Before starting the process, the necessary documents must be provided in the specified formats. This includes the surrogacy agreement, medical certificates issued by the District Medical Board, ID evidence, proof of relationship with the surrogate, insurance documents, and eligibility documents. The surrogacy clinic will be able to proceed only after all the documents have been confirmed.
After all the documents have been submitted, the case is then reviewed by the appropriate authority. They verify that the case is in compliance with all the requirements of the Surrogacy Act and is truly charity-driven. After confirmation, the Authority gives the final approval to begin the surrogacy process. The clinic cannot conduct surrogacy without official approval.
Features
Altruistic surrogacy is permitted for legally married heterosexual Indian couples facing specific medical conditions. The intended mother must be between 23-50 years, and the father between 23-55 years. Widowed or divorced women aged 35-45 may also qualify. Single individuals, foreign nationals, or same-sex couples are not eligible under Indian law.
Overseas Citizens of India (OCI) and NRIs meeting the criteria can also avail of altruistic surrogacy.
Surrogate mothers must be married, have at least one biological child, and be aged 25-35 years. Indian law permits a surrogate to carry a child only once
We ensure all arrangements comply with legal guidelines. Intended parents cover medical and pregnancy-related expenses for the surrogate, as mandated by law, and we provide complete legal assistance
We uphold the altruistic model, ensuring no financial profit is involved. This promotes transparency, ethical practices, and respect for all parties.
Steps
Meet with our experts for a discussion about the medical background of your family, fertility requirements, and how surrogacy can be carried out.
The intended parents as well as the surrogate go through an array of health checks. Following that, we'll make certain to match you with the right surrogate.
Our staff can assist in preparing and signing legal documents to ensure that everything is compliant with Indian Surrogacy Laws.
High-precision embryo transfer and regular monitoring ensure the well-being of the surrogate mother and baby.
WHY CHOOSE US?
With over 25 years of experience in assisted reproductive technologies, our team has supported the birth of more than 8,000 babies through ethical and legally compliant ART and surrogacy procedures. OCI patients benefit from the expertise of highly qualified fertility specialists who understand both medical complexity and cross-border care needs.
Our internationally equipped IVF laboratories use advanced reproductive technology and operate under strict quality standards. OCI patients receive treatment at our well-established centres in Delhi, Noida, and Gurgaon, ensuring consistency of care and medical excellence.
All surrogacy treatments for OCI patients are carried out in strict accordance with the Surrogacy (Regulation) Act, 2021 and the ART (Regulation) Act, 2021. We ensure that every step of the process is transparent, ethical, and legally approved, providing confidence and legal security to intended parents.
We follow a comprehensive screening process for surrogate mothers and intended parents, including medical evaluations, psychological counselling, and statutory approvals. This ensures the health, safety, and well-being of everyone involved, as required under Indian law.
Each OCI case is managed with individual attention, clear communication, and coordinated medical planning. Our team understands the unique concerns of overseas patients and provides guidance at every stage of the surrogacy journey in India.
Our responsibility extends beyond delivery. We offer post-surrogacy medical guidance, legal assistance, and follow-up care, helping OCI patients navigate post-birth formalities while ensuring the well-being of both the child and the family.
PEOPLE ALSO ASK
Only altruistic surrogacy is allowed. Commercial surrogacy is strictly prohibited. The surrogate mother cannot receive any monetary compensation except for medical expenses and mandatory insurance coverage.
No. The same surrogacy law applies to Indian citizens and OCI patients. However, OCI patients may need to submit additional identity and nationality documents for legal verification.
Yes. Egg donation is permitted under the ART (Regulation) Act, 2021, subject to strict regulatory guidelines, donor screening, and anonymity requirements.
Yes. As per Indian law, the child born through altruistic surrogacy is legally recognized as the biological child of the intended parents, subject to compliance with all legal procedures.
The timeline may vary depending on medical evaluation, documentation, and statutory approvals. Surrogacy is initiated only after all legal permissions are granted.
Certain stages of the surrogacy process may require physical presence in India. Specific requirements depend on medical and legal procedures.
