India’s surrogacy landscape has undergone a transformation with the Surrogacy (Regulation) Act, 2021, and the significant 2024 amendment, both of which were enacted to ensure ethical surrogacy practices and to prevent exploitation. Understanding exactly who qualifies for surrogacy under Indian law is critical before embarking on this journey.
At Surrogacy Centre India, we believe in making this process transparent and accessible for all eligible candidates. Here’s a clear breakdown of who can legally pursue altruistic surrogacy in India today.
Primary Eligibility: Indian Married Couples
The law prioritizes Indian married couples who meet the following criteria:
- Citizenship: Both partners must be Indian citizens.
- Marriage Duration: Minimum five years of marriage.
- Age Requirements:
- Female partner: 23 to 50 years
- Male partner: 26 to 55 years
- Medical Necessity: A certified infertility diagnosis is required from a registered medical practitioner.
- Child Status: The couple must not have a living biological, adopted, or surrogate child, unless the child suffers from a life-threatening illness or permanent physical/mental disability.
This structure ensures that surrogacy remains a last-resort, medically necessary intervention rather than a lifestyle choice.
Inclusion of Single Women (Widowed or Divorced)
A progressive update in the 2024 amendment now allows single women to opt for surrogacy under specific conditions:
- Must be widowed or divorced
- Age must be between 35 and 45 years
- Requires a medical certificate verifying the need for surrogacy
This inclusion is a step toward equity, recognizing that family structures have evolved and the law must reflect modern Indian society.
At Surrogacy Centre India, we assist eligible single women in compiling the necessary documentation, gaining approvals from the District Medical Board, and navigating the process with dignity and support.
Who Is Not Eligible?
Indian surrogacy law is clear about who cannot apply:
- Foreign nationals, NRIs, PIOs, or OCI cardholders
- Live-in partners or unmarried heterosexual couples
- Same-sex couples (under current law)
- Individuals seeking commercial surrogacy (illegal in India)
Engaging in surrogacy without meeting legal qualifications can lead to legal action, rejection of the surrogacy process, and even imprisonment under Indian penal law.
Surrogate Eligibility: Who Can Carry the Child?
The law also outlines strict criteria for the woman who will serve as the surrogate:
- Must be a close relative of the intending couple (sister, cousin, etc.)
- Age: 25 to 35 years
- Must have delivered at least one healthy child
- Can be a surrogate only once
- Must pass medical, psychological, and fitness screenings
This ensures the surrogate is both emotionally and physically equipped to take on this responsibility.
Documentation and Verification
Before beginning the process, the intending parents must obtain:
- Essentiality Certificate: Confirms the medical need for surrogacy.
- Eligibility Certificate: Certifies the couple (or single woman) meets all criteria.
- Court Order: Issued post-birth to declare parentage and enable birth registration.
At Surrogacy Centre India, we handle all aspects of this legal process—working with authorities, legal teams, and doctors to streamline every step for you.
Why Eligibility Matters
Surrogacy isn’t just a medical journey—it’s a legal contract. Failing to meet the eligibility criteria can halt the process and cause long-term legal complications, including denial of parental rights or registration of the child’s birth.
That’s why we at Surrogacy Centre India take eligibility evaluation seriously. Our multidisciplinary team ensures that every client walks into surrogacy with legal certainty and confidence.
