+91 9999168746 S-21, Greater Kailash - 1, New Delhi - 110048

An Overview of Surrogacy Laws in India

Surrogacy is a complex and emotionally charged journey that has enabled many couples to realize their dream of parenthood. In India, the surrogacy landscape is governed by specific legal frameworks designed to protect the interests of all parties involved. Understanding these laws is crucial for anyone considering surrogacy in the country. Here’s an overview of the current surrogacy laws in India, detailing what types of surrogacy are legal, who can opt for surrogacy, and other pertinent details.

Legal Framework for Surrogacy in India

The legal framework governing surrogacy in India has undergone significant changes to address ethical concerns and protect the rights of surrogate mothers, intended parents, and the resulting children. The key piece of legislation is the Surrogacy (Regulation) Act, 2021, which came into effect to regulate the surrogacy process comprehensively.

Types of Surrogacy Legal in India

Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is legal in India. Altruistic surrogacy involves the surrogate mother carrying the child without receiving any financial compensation beyond medical expenses and insurance coverage related to the pregnancy. This type of surrogacy aims to prevent the commercialization of the process and protect surrogate mothers from exploitation.

Commercial surrogacy, where the surrogate mother receives monetary compensation beyond medical expenses, is explicitly banned under the new law. This shift aims to eliminate the potential for unethical practices and exploitation associated with commercial surrogacy arrangements.

Eligibility Criteria for Surrogacy

The Surrogacy (Regulation) Act, 2021, sets forth specific eligibility criteria for those who can opt for surrogacy in India:

  1. Intended Parents:
    • Indian Citizens: Only Indian citizens can engage in surrogacy arrangements in India. Foreign nationals, OCI (Overseas Citizen of India) cardholders, and NRIs (Non-Resident Indians) are not eligible.
    • Married Couples: Only legally married couples can opt for surrogacy. The couple must have been married for at least five years.
    • Age Requirements: The female partner should be between 23 to 50 years old, and the male partner should be between 26 to 55 years old.
    • Infertility Proof: The couple must provide proof of infertility, certified by a district medical board, indicating that they are unable to conceive a child naturally.
  2. Surrogate Mother:
    • Married Woman: The surrogate mother must be a married woman with at least one biological child of her own.
    • Age Limit: The surrogate mother should be between 25 to 35 years old.
    • Close Relative: The surrogate mother must be a close relative of the intended parents.
    • Medical Fitness: She must be medically and psychologically fit to carry a pregnancy.

Process and Legal Safeguards

The surrogacy process in India involves several legal safeguards to ensure ethical practices and the protection of all parties involved:

  1. Certificate of Essentiality: Intended parents must obtain a Certificate of Essentiality from the appropriate authority, confirming that they meet the eligibility criteria and require surrogacy to conceive a child.
  2. Certificate of Eligibility: Both the intended parents and the surrogate mother must receive a Certificate of Eligibility from the relevant authority, verifying that they meet the legal requirements.
  3. Surrogacy Agreement: A legally binding surrogacy agreement must be executed between the intended parents and the surrogate mother. This agreement outlines the rights and responsibilities of both parties and ensures that the surrogate mother will relinquish all parental rights over the child after birth.
  4. Registration of Clinics: All surrogacy clinics and ART (Assisted Reproductive Technology) clinics must be registered with the appropriate authorities and adhere to the prescribed standards and guidelines.


Surrogacy laws in India have been formulated to promote ethical practices, protect the rights of surrogate mothers, and ensure the welfare of children born through surrogacy. Only altruistic surrogacy is legal, with stringent eligibility criteria for intended parents and surrogate mothers. The Surrogacy (Regulation) Act, 2021, aims to create a transparent and regulated environment for surrogacy arrangements, providing a ray of hope for childless couples while safeguarding the interests of all parties involved. If you are considering surrogacy in India, it is essential to understand these legal requirements and work with reputable, registered surrogacy clinics to ensure a safe and ethical surrogacy journey.

Leave a Reply

Book Appointment

    Altruistic Surrogacy

    Altruistic Surrogacy Treatment is Legal in India.

    Eligible Intended Parents have successfully got legal permissions to do surrogacy treatment with willing altruistic Intended surrogate mother.

    To do your surrogacy treatment legally, please contact us or whatsapp at 9267937367.

    Please visit https://www.indiacode.nic.in/handle/123456789/17046 to understand the legal process for doing surrogacy in India.