Medically reviewed by: Dr. Pooja Nadkarni Singh | Nimaaya Women’s Centre for Health
Medical disclaimer: This article is intended for educational purposes only and does not replace consultation with a fertility specialist, obstetrician, or other qualified healthcare professional. Whether surrogacy is medically appropriate depends on an individual’s reproductive history, underlying medical condition, pregnancy-related risks, fertility treatment history, and eligibility under the Surrogacy (Regulation) Act, 2021 and applicable rules and regulations governing surrogacy in India.
Surrogacy is legal in India, but it is strictly regulated under the Surrogacy (Regulation) Act, 2021, the Surrogacy (Regulation) Rules, 2022, subsequent amendments and related regulations. India permits regulated altruistic gestational surrogacy when prescribed medical and legal conditions are satisfied. Commercial surrogacy is prohibited, and intended parents, surrogate mothers and registered clinics must follow requirements relating to medical necessity, eligibility, certification, consent, insurance and assisted reproductive technology.
Important: Surrogacy law is a legal and medical subject that can change through amendments, government notifications and court decisions. This article provides general information and should not replace case-specific legal advice.
Surrogacy Laws in India at a Glance
| Legal question | Current position in India |
| Is surrogacy legal in India? | Yes, subject to statutory requirements |
| Which form is permitted? | Gestational surrogacy within the statutory framework |
| Is commercial surrogacy legal? | No |
| Is altruistic surrogacy permitted? | Yes, subject to eligibility and certification |
| Is medical necessity required? | Yes |
| Does the surrogate provide her own egg? | No |
| Must the surrogate be a close relative? | No |
| Can a single woman access surrogacy? | Yes, within the statutory intending-woman category |
| Can a single man access surrogacy? | No |
| Can donor gametes be used? | Yes, in specified medically certified circumstances |
| Is surrogate insurance required? | Yes, as prescribed |
| Is government certification involved? | Yes |
| Can a woman act as a surrogate more than once? | No |
The Government of India’s current FAQ specifically clarifies that a surrogate does not have to be a close relative, that a single man cannot avail surrogacy, and that surrogacy cannot be accessed without a qualifying medical condition certified through the prescribed process
What Are the Surrogacy Laws in India?
India’s present surrogacy framework is built around a combination of legislation, rules, regulations, amendments, government notifications and judicial interpretation.
The most important legal instruments are:
-
- Surrogacy (Regulation) Act, 2021
- Surrogacy (Regulation) Rules, 2022
- Surrogacy Regulations, 2023
- Surrogacy (Regulation) Amendment Rules, 2024
- Government notifications and FAQs
- Relevant Supreme Court and High Court decisions
The Act establishes the statutory framework for regulating surrogacy clinics, surrogacy procedures, appropriate authorities and national and state-level boards. It also regulates eligibility, consent, child rights, prohibited conduct and penalties.
The Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021, was enacted to regulate the practice and process of surrogacy and to establish the National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards and appropriate authorities.
The Act defines altruistic and commercial surrogacy and establishes restrictions on how surrogacy can be undertaken. It also addresses:
- Surrogacy clinics
- Gestational surrogacy
- Eligibility of intending parents
- Eligibility of surrogate mothers
- Medical indications
- Written informed consent
- Child rights
- Abortion during surrogacy
- Clinic registration
- Regulatory authorities
- Prohibited activities
- Offences and penalties
The Act’s framework is designed around regulated, non-commercial surrogacy rather than an unrestricted commercial market.
The Surrogacy (Regulation) Rules, 2022
The Rules provide operational details for implementing the Act.
They address areas such as:
- Medical indications
- Surrogate insurance
- Surrogacy attempts
- Embryo-transfer requirements
- Applications and certificates
- Consent
- Clinic requirements
- Prescribed forms and documentation
The Rules are particularly important because many practical questions—such as insurance duration, medical indications and embryo-transfer limits—cannot be answered simply by reading the Act alone.
The 2022 Rules require prescribed health-insurance coverage for the surrogate for 36 months, including coverage relating to pregnancy and postpartum complications.
Surrogacy Regulations, 2023
The regulatory framework continued to develop after the Act and Rules came into force.
This is important because surrogacy law in India should not be treated as a document frozen in 2021. Amendments, regulations and judicial decisions have affected how particular provisions are understood and implemented.
Surrogacy (Regulation) Amendment Rules, 2024
One of the most important recent developments concerns donor gametes.
The February 2024 amendment changed the relevant provision in Form 2 of the 2022 Rules.
For an intending couple, both gametes generally come from the intending couple. However, if the District Medical Board certifies that either spouse has a medical condition requiring a donor gamete, donor-gamete use can be permitted, provided that at least one gamete comes from the intending couple.
For a single woman falling within the statutory category, the 2024 rule specifies the use of her own eggs with donor sperm.
This is an important correction to older online information that states donor gametes are categorically prohibited.
How to Understand the Surrogacy Legal Framework in India
A useful way to understand India’s surrogacy law is to think of it as a layered legal framework rather than a single law:
Act → Rules → Regulations → Amendments → Government notifications/FAQs → Court decisions
Each layer serves a different purpose, and understanding the relationships between them matters when researching surrogacy eligibility, medical requirements, surrogate rights, or the legality of a particular treatment pathway.
1. The Act: The Primary Statutory Framework
The Surrogacy (Regulation) Act, 2021 is the foundation of the current legal framework. It establishes the main legal principles governing surrogacy in India, including who may access surrogacy, who may act as a surrogate, what forms of surrogacy are permitted, the role of regulatory authorities, prohibited activities, and penalties.
The Act provides the broad legal framework, but it does not contain every operational detail needed to conduct a surrogacy procedure.
2. The Rules: How the Act Is Implemented
The Surrogacy (Regulation) Rules, 2022 provide more detailed requirements for implementing the Act.
For example, the Rules deal with practical matters such as:
- Medical indications for surrogacy
- Insurance requirements
- Embryo-transfer requirements
- Number of surrogacy attempts
- Prescribed forms and applications
- Consent and documentation
- Requirements relating to surrogacy clinics
In simple terms, the Act establishes the legal framework, while the Rules explain how important parts of that framework are to be implemented in practice.
3. Regulations: Additional Regulatory Requirements
Regulations provide another layer of operational and administrative requirements within the statutory framework.
This is particularly relevant for clinics, authorities and professionals because compliance is not determined simply by reading the main Act. The applicable Rules and Regulations also need to be considered.
For patients, this means that a statement such as “the Surrogacy Act allows this” may not be sufficient. The specific Rules and Regulations applicable to the procedure also need to be checked.
4. Amendments: Changes to the Existing Rules or Law
An amendment changes an existing legal provision.
This is particularly important for surrogacy because some online articles continue to reproduce information from earlier versions of the framework.
A good example is the 2024 amendment concerning donor gametes. Earlier it may state that donor gametes are completely prohibited in surrogacy. The amended framework introduced a specific exception where the District Medical Board certifies that either spouse has a medical condition requiring a donor gamete, subject to the requirement that at least one gamete comes from the intending couple.
Therefore, when reading a surrogacy article, it is not enough to ask:
“What did the original Act say?”
You also need to ask:
“Has that provision subsequently been amended?”
5. Government Notifications and FAQs: Clarifying Implementation
Government notifications, official circulars and FAQs can provide important clarification about how the statutory framework is being implemented.
For example, the Government of India’s surrogacy FAQ addresses practical questions about:
- Whether the surrogate must be a close relative
- Eligibility of single men
- Eligibility of NRIs and OCI cardholders
- Surrogate age requirements
- Whether the surrogate must have her own child
- Medical conditions qualifying for surrogacy
- Donor-gamete-related requirements
These sources can be particularly useful when older articles or summaries have simplified the law incorrectly.
However, an FAQ should not be treated as replacing the Act or Rules. It should be understood as an official clarification of the applicable framework, while the underlying legislation remains the primary legal authority.
6. Court Decisions: How the Law Is Interpreted in Real Cases
Courts can also influence how surrogacy provisions are understood.
A court judgement may address questions that are not straightforwardly answered by the statutory text, such as:
- Constitutional challenges
- Medical exceptions
- Age-related disputes
- Interpretation of eligibility requirements
- Donor-gamete issues
- Rights of intended parents
- Implementation of amendments
However, a court decision concerning one individual’s circumstances should not automatically be interpreted as creating a general exception for everyone.
For example, if a court permits a particular applicant to proceed because of specific medical or constitutional circumstances, that does not necessarily mean that every person with a similar-sounding condition automatically becomes eligible.
Why This Hierarchy Matters
This layered structure is particularly important for a topic such as “Surrogacy Laws in India 2026” because the internet contains a mixture of:
- Current law
- Earlier versions of the law
- Proposed legislation
- Old government proposals
- Outdated clinic articles
- News reports based on previous rules
- Court decisions concerning specific individuals
- Simplified fertility blogs
As a result, two websites can give apparently contradictory answers while both may have been accurate at different points in time.
For example, an older article may say that a surrogate must be a close relative, while the current Government FAQ states that being a close relative is not mandatory. Similarly, older content may describe donor gametes as completely prohibited, whereas the 2024 amendment introduced a specific medically certified exception.
This is why current surrogacy information should be checked in the following order:
- What does the current Act say?
↓
2. What do the current Rules and Regulations prescribe?
↓
3. Have those provisions been amended?
↓
4. Are there newer government notifications or official clarifications?
↓
5. Have courts subsequently interpreted the provision?
Why Older Surrogacy Articles Can Be Misleading
Surrogacy law in India has changed substantially over the past several years. An article published before the 2021 Act, before the 2022 Rules, or before the 2024 amendment may describe a legal position that is no longer current.
For this reason, readers should be cautious with statements such as:
“The law requires…” or “Donor eggs are prohibited…”
unless the article identifies which version of the law it is referring to and when that information was last verified.
For a medical and legal topic, the date of publication alone is not enough. What matters is whether the underlying legal sources have been checked against the current 2026 framework.
What This Means for Intended Parents
For intended parents, this hierarchy has a practical consequence: do not make medical, financial or reproductive decisions based solely on an old blog article or a general internet search result.
Before beginning treatment, it is sensible to confirm:
- Your current statutory eligibility
- Whether your medical condition meets the prescribed indication
- Which certificates are required
- Whether donor gametes are relevant to your case
- Whether the surrogate satisfies the current requirements
- What insurance is required
- Whether the clinic is operating within the applicable regulatory framework
- Whether any recent notification or court decision affects your circumstances
In short, India’s surrogacy framework should be understood as a living legal and regulatory system, not as a single 2021 document.
The Act provides the foundation, the Rules and Regulations provide operational detail, amendments change existing provisions, government notifications and FAQs clarify implementation, and courts can interpret how the framework applies to particular circumstances.
That is why a reliable 2026 guide must verify the latest applicable version of each layer rather than simply reproduce information from older surrogacy articles.
Is Surrogacy Legal in India in 2026?
Yes. Surrogacy is legal in India in 2026, but only within the conditions established by the current statutory framework.
India has not imposed a blanket ban on all surrogacy. Instead, the law permits a regulated pathway centred on gestational and altruistic surrogacy, medical necessity, statutory eligibility, certification and protection of the surrogate and child.
Commercial surrogacy, however, remains prohibited.
The current framework also means that being infertile or having experienced unsuccessful fertility treatment does not automatically give someone a legal right to surrogacy. A qualifying medical indication must be established through the prescribed process.
Is surrogacy banned in India?
No. Regulated surrogacy is permitted when the statutory requirements are satisfied.
Is commercial surrogacy legal in India?
No. Commercial surrogacy and prohibited commercialisation of surrogacy are offences under the Act.
Is altruistic surrogacy legal in India?
Yes, subject to the applicable eligibility, medical, certification, consent and regulatory requirements.
What Changed After the Surrogacy Act 2021?
India’s current framework represents a significant shift from the earlier environment surrounding surrogacy.
| Earlier environment | Current regulated framework |
| Commercial arrangements were part of the earlier surrogacy landscape | Commercial surrogacy is prohibited |
| Regulation was spread across policies and proposed legislation | A dedicated statutory framework exists |
| International commercial surrogacy was a major concern | Access is restricted to prescribed categories |
| Surrogacy clinics did not operate under the current unified framework | Clinics must comply with registration and regulatory requirements |
| Compensation could form part of commercial arrangements | Altruistic model permits prescribed expenses and insurance |
It is important not to describe every aspect of pre-2021 surrogacy as simply “illegal” or “unregulated.” The legal environment evolved over time, eventually resulting in the present statutory framework.
What Is the Difference Between Altruistic and Commercial Surrogacy?
What Is Altruistic Surrogacy?
Altruistic surrogacy is the form recognised by India’s current legal framework.
The Act defines altruistic surrogacy as an arrangement in which the surrogate does not receive charges, fees, remuneration or monetary incentives, except for permitted medical expenses, prescribed expenses and insurance coverage.
This means altruistic does not mean that the surrogate receives no medical support.
The legal framework recognises the need for:
- Medical care
- Prescribed expenses
- Insurance coverage
- Informed consent
- Medical monitoring
- Regulatory oversight
Read Also: Understanding Gestational Surrogacy: How It Works and Who It’s Suitable For
What Is Commercial Surrogacy?
Commercial surrogacy involves commercialisation of surrogacy services or procedures, including prohibited payment, reward, benefit, fees, remuneration or monetary incentive to the surrogate or related persons, subject to the statutory exceptions for medical and prescribed expenses and insurance.
Commercial surrogacy is prohibited under Indian law.
Read Also: Traditional Surrogacy: An Overview of the Surrogate’s Genetic Connection
Is Paying a Surrogate Legal in India?
Commercial remuneration is not permitted.
However, the law distinguishes prohibited remuneration from permitted medical expenses, prescribed expenses, and insurance coverage.
Therefore, it would be inaccurate to say that every expense associated with a surrogate is illegal.
Why Did India Ban Commercial Surrogacy?
The policy rationale behind India’s regulatory approach has included concerns about:
- Exploitation of women
- Commercialisation of reproduction
- Intermediaries and commercial agencies
- Child welfare
- Medical risks
- Unethical practices
- Abandonment
- Lack of adequate regulatory safeguards
The strongest way to understand these concerns is to distinguish the government’s stated legislative objectives from separate academic and ethical debates about whether the resulting framework provides the right balance.
Who Is Eligible for Surrogacy in India?
Eligibility is one of the most important parts of India’s surrogacy law.
Not every person experiencing infertility automatically qualifies for surrogacy. The intended parents or intending woman must fall within the statutory categories and satisfy the applicable medical, age, family-status and certification requirements.
Who Is an “Intending Couple”?
The Act uses a specific statutory definition for an intending couple rather than treating every person seeking fertility treatment as eligible.
In general terms, the framework is directed toward a legally married couple who meet the prescribed requirements and have a medical indication necessitating gestational surrogacy.
Eligibility Requirements for an Intending Couple
The current framework includes requirements concerning:
- Legal marital status
- Indian citizenship/status as applicable
- Age
- Medical indication
- Existing children
- Required certificates
- Approval through the prescribed authorities
The commonly cited statutory age limits are:
| Requirement | Current framework |
| Female intending spouse | 23–50 years |
| Male intending spouse | 26–55 years |
| Medical indication | Required |
| Marital status | Legally married couple |
| Existing child | Restrictions apply, subject to statutory exceptions |
| Certification | Required |
| Surrogate | Separate eligibility requirements apply |
These requirements should not be interpreted as a simple “infertility equals eligibility” test. The medical indication and certification process are central to the current framework.
Can a Single Woman Use Surrogacy in India?
Yes, but only within the statutory intending-woman category and subject to the prescribed conditions.
The current framework recognises an intending woman who is an Indian widow or divorcee within the prescribed age category.
The relevant category includes:
- Indian woman
- Widow or divorcee
- Age generally between 35 and 45 years
- Compliance with the statutory medical and certification requirements
The 2024 amendment also specifies the gamete requirement for a single woman: she must use her own eggs and donor sperm.
Can a divorced woman use surrogacy in India?
A divorced Indian woman may fall within the statutory intending-woman category, subject to the prescribed eligibility and medical requirements.
Can a widow use surrogacy in India?
A widow may fall within the statutory intending-woman category, subject to the applicable conditions.
Can a single woman use donor eggs?
Under the current 2024 rule, the statutory single-woman pathway requires the intending woman to use her own eggs and donor sperm.
Can a Single Man Use Surrogacy in India?
No, under the current statutory framework.
The Government of India’s FAQ specifically states that a single man cannot avail surrogacy in India.
This is an example of why it is better to describe the actual statutory categories rather than using broad phrases such as “single people are banned.”
Can Unmarried Couples Use Surrogacy in India?
The current statutory framework is built around the definition of an intending couple, which requires a legally married couple.
Therefore, unmarried couples, including couples in a live-in relationship, do not automatically fall within the statutory intending-couple category.
This is a legal eligibility issue rather than a medical judgment about whether an unmarried couple could otherwise become parents.
Can LGBTQ+ Couples Use Surrogacy in India?
This question requires particular legal care.
The Surrogacy Act does not establish a general surrogacy pathway for every possible family structure. The statutory category of intending couple is tied to its prescribed requirements, including marriage.
Because the legal recognition of marriage and access to reproductive services can involve constitutional questions and judicial interpretation, it is better to avoid an oversimplified statement that “LGBTQ+ couples are banned.”
Instead, the practical position is that the current statutory eligibility categories do not create a general surrogacy route for all family structures.
Anyone whose circumstances fall outside the straightforward statutory categories should obtain case-specific legal advice before making medical or financial commitments.
Can NRIs and OCI Cardholders Use Surrogacy in India?
NRIs, OCI cardholders and Indian-origin citizens holding foreign passports may avail surrogacy services in India subject to the prescribed eligibility criteria.
The Government of India’s current FAQ specifically addresses NRIs, OCI cardholders and Indian-origin citizens holding foreign passports and states that they may avail surrogacy services in accordance with the prescribed eligibility criteria under the Act and Rules.
This does not mean that citizenship or Indian origin automatically establishes eligibility.
A person’s:
- Citizenship
- Marital status
- Medical circumstances
- Age
- Existing-child status
- Documentation
- Certification
may all be relevant.
Foreign nationals should not assume that the surrogacy arrangements available in India before the current regulatory framework remain available today.
Who Can Become a Surrogate Mother in India?
The law establishes separate eligibility requirements for a surrogate mother.
According to the current Government FAQ, a surrogate must be an ever-married woman, have a child of her own and be between 25 and 35 years of age, subject to the other statutory requirements. She may act as a surrogate only once in her lifetime.
Surrogate Mother’s Age
The surrogate must be 25–35 years old on the day of implantation, subject to the statutory framework.
Must the Surrogate Be Married?
The statutory framework requires an ever-married woman who has a child of her own.
Must She Have Her Own Child?
Yes. Having a child of her own is part of the statutory eligibility framework.
Does the Surrogate Have to Be a Close Relative?
No. This is one of the most important corrections to outdated information online.
The current Government FAQ expressly states that it is not mandatory for the surrogate mother to be closely related to the intending couple.
Older articles often repeat the close-relative requirement because earlier versions of proposed legislation included such a condition. That older information should not be presented as the current rule.
Can the Surrogate Be Genetically Related to the Baby?
No. The Government FAQ confirms that the surrogate mother should not be genetically related to the child born through surrogacy.
Can the Surrogate Provide Her Own Egg?
No. Indian law regulates gestational surrogacy rather than traditional surrogacy in which the surrogate also supplies the egg. The Government FAQ confirms that a woman cannot act as a surrogate by providing her own gametes.
Can a Woman Be a Surrogate More Than Once?
No. The current statutory framework restricts a woman from acting as a surrogate more than once in her lifetime.
Read Also: Surrogacy: A Comprehensive Guide to the Process, Types, and Legal Considerations
What Medical Conditions Qualify for Surrogacy in India?
Medical necessity is central to legal eligibility.
Infertility by itself does not automatically establish eligibility for surrogacy.
The Government FAQ states that surrogacy cannot be availed without a medical condition that needs surrogacy certification by the District Medical Board and refers to the medical indications prescribed under Rule 14 of the Surrogacy Rules, 2022.
Depending on the circumstances and applicable rules, medical indications can include conditions such as:
Absent or Missing Uterus
This may include congenital absence of the uterus, surgical removal or certain significant abnormalities affecting the uterus.
Severe Uterine Abnormalities
Some structural or functional uterine conditions may make carrying a pregnancy medically unsuitable or impossible.
Repeated IVF or ICSI Failure
Repeated treatment failure may be relevant in particular cases, but:
One failed IVF cycle does not automatically qualify someone for surrogacy.
The medical circumstances must meet the applicable statutory criteria.
Multiple Pregnancy Losses
Repeated pregnancy loss may be relevant where the applicable medical criteria and an unexplained medical reason are established.
Pregnancy That Could Be Life-Threatening
There is an important distinction between:
- Pregnancy being difficult
- Pregnancy carrying increased risk
- Pregnancy being medically contraindicated
- Pregnancy creating a serious or life-threatening medical risk
The legal process is concerned with the applicable medical indication, not simply whether pregnancy would be inconvenient or challenging.
Conditions Preventing Pregnancy From Being Carried to Viability
Certain medical conditions may prevent a woman from safely carrying a pregnancy to viability. Such circumstances require specialist evaluation and certification rather than self-assessment.
Is Infertility Alone Enough to Qualify for Surrogacy?
No. A useful way to remember the distinction is:
Infertility diagnosis is not an indication of automatic surrogacy eligibility
The applicable medical indication must satisfy the statutory framework and be certified through the prescribed process.
The Government of India’s FAQ specifically confirms that surrogacy cannot be undertaken without a qualifying medical condition certified by the District Medical Board.
This means a fertility clinic cannot simply decide that surrogacy is legally appropriate because a couple has experienced infertility.
What Is a Certificate of Essentiality?
A Certificate of Essentiality is part of the statutory certification framework for establishing the medical necessity for surrogacy.
In practical terms, it relates to whether the intended parent(s) have a medical indication that necessitates gestational surrogacy and whether the prescribed conditions have been fulfilled.
What Does the Certificate Establish?
It is intended to establish the relevant medical indication and necessity within the statutory process. The District Medical Board plays an important role in assessing and certifying the medical indication.
Is the Certificate of Essentiality the Same as the Certificate of Eligibility?
No.
| Certificate | Main purpose |
| Certificate of Essentiality | Establishes the relevant medical necessity/indication |
| Certificate of Eligibility | Establishes compliance with statutory eligibility requirements |
This distinction is important because medical necessity and legal eligibility are related but separate questions.
What Is the Role of the District Medical Board?
The District Medical Board is an important part of the medical-certification process.
Its functions can include:
- Assessing medical indications
- Reviewing relevant medical records
- Evaluating specialist opinions
- Certifying medical necessity
- Certifying certain medical conditions requiring donor gametes
- Providing the prescribed medical certification
The 2024 amendment specifically gives the District Medical Board a role in certifying when a medical condition necessitates the use of a donor gamete.
A private fertility clinic cannot simply override this statutory process.
What Is the Role of the Appropriate Authority?
The Appropriate Authority is responsible for important regulatory functions under the Act.
These include areas such as:
- Eligibility certification
- Clinic registration
- Regulatory compliance
- Monitoring
- Oversight
- Enforcement
This is one reason intended parents should work with a clinic that understands the regulatory pathway rather than treating surrogacy as a standard IVF package.
What Is the Role of the National and State Surrogacy Boards?
The Act establishes the:
- National Assisted Reproductive Technology and Surrogacy Board
- State Assisted Reproductive Technology and Surrogacy Boards
These bodies contribute to:
- Policy development
- Regulatory oversight
- Monitoring
- Coordination
- Implementation of the statutory framework
Their existence reflects the fact that surrogacy is regulated not simply as an individual medical procedure but as a broader reproductive and legal process.
What Are the Legal Steps for Surrogacy in India?
The legal and medical journey can vary by case, but a typical pathway may involve the following stages.
Step 1: Medical Evaluation
The intended parent or parents undergo detailed fertility and reproductive assessment.
Step 2: Establish the Medical Indication
The treating team determines whether there is a medical condition potentially covered by the statutory framework.
Step 3: District Medical Board Assessment
The relevant medical documentation is evaluated through the prescribed authority.
Step 4: Identify a Willing, Eligible Surrogate
The surrogate must independently satisfy the statutory requirements.
Step 5: Medical and Psychological Screening
The surrogate undergoes appropriate medical assessment and psychological evaluation.
Step 6: Apply for Required Eligibility Certificates
The intended parent(s) and surrogate complete the prescribed certification process.
Step 7: Complete Essentiality and Other Documentation
Medical, legal and administrative documents are prepared according to the applicable requirements.
Step 8: Arrange Insurance
The prescribed insurance coverage for the surrogate must be arranged.
Step 9: ART/IVF Treatment
Embryos are created using assisted reproductive technology in accordance with the applicable rules.
Step 10: Embryo Transfer
The embryo is transferred to the eligible surrogate according to the applicable medical and regulatory requirements.
Step 11: Pregnancy Monitoring
The surrogate receives antenatal and specialist care throughout pregnancy.
Step 12: Delivery and Postnatal Care
Delivery and postpartum care are planned according to medical needs.
Step 13: Parentage and Related Documentation
The required parentage, birth and legal documentation is completed according to the applicable law and circumstances.
There is no single guaranteed timeline for every case because medical evaluation, certification, documentation, embryo creation and pregnancy can all affect the overall duration.
What Documents Are Required for Legal Surrogacy in India?
Exact documentation can vary according to individual circumstances and the authority involved.
Documents for Intended Parents
Potential documents may include:
- Identity documents
- Marriage documents
- Medical records
- Fertility-treatment history
- Medical-indication reports
- Certification documents
- Essentiality documentation
- Insurance documentation
- Affidavits
- Parentage/custody-related documents where applicable
Documents for the Surrogate Mother
Potential documentation can include:
- Identity documents
- Marriage documentation
- Proof of having a child
- Previous pregnancy records
- Medical fitness documentation
- Psychological assessment
- Written informed consent
- Insurance documentation
Why Does Documentation Matter?
Incomplete or inconsistent documentation can delay the process.
For this reason, intended parents should request a written explanation of the documentation pathway before starting treatment.
What Are the Rules for Surrogate Insurance?
Surrogate insurance is an important part of the legal framework.
The 2022 Rules require general health-insurance coverage for the surrogate for 36 months, covering pregnancy and postpartum complications.
The purpose is to provide financial protection for medical care connected with pregnancy and its aftermath.
Intended parents should ask the clinic:
- What insurance policy is being arranged?
- What is the duration?
- What pregnancy complications are covered?
- What postpartum complications are covered?
- Who is responsible for arranging the policy?
- What exclusions apply?
Insurance should not be treated as a minor administrative formality. It is part of the statutory protection framework.
How Many IVF Attempts Are Allowed in Surrogacy?
The rules distinguish between a surrogacy procedure, an IVF cycle and an individual embryo-transfer cycle.
The 2022 Rules provide that the number of attempts of a surrogacy procedure on a surrogate mother should not exceed three times.
This should not be simplified to mean:
“Every patient gets exactly three IVF cycles.”
The actual treatment pathway depends on embryo availability, medical circumstances, treatment response and the applicable regulatory requirements.
Read Also: Difference Between IVF and Surrogacy
How Many Embryos Can Be Transferred During Surrogacy?
The 2022 Rules provide for one embryo transfer per treatment cycle, with up to three embryos permitted in special circumstances.
The objective of limiting embryo transfer is closely connected to the medical risks associated with multiple pregnancy.
The fertility specialist must consider:
- Embryo quality
- Patient and surrogate factors
- Previous treatment
- Pregnancy risks
- Applicable regulations
More embryos do not automatically mean a better outcome.
Can Donor Eggs or Donor Sperm Be Used in Surrogacy?
Yes, but only within the conditions specified by the current rules.
This is one of the most important 2024 updates.
For an intending couple
Both gametes should generally come from the intending couple.
However, if the District Medical Board certifies that either spouse has a medical condition necessitating the use of a donor gamete, donor-gamete use may be permitted.
There is an important condition:
At least one gamete must come from the intending couple.
For a single woman
The 2024 amendment specifies that a single woman in the statutory widow/divorcee category must use:
- Her own egg
- Donor sperm
Therefore, older articles stating that donor gametes are completely prohibited should not be relied upon without checking the current rules.
What Are the Rights of a Surrogate Mother in India?
A surrogate mother should not be viewed merely as someone carrying a pregnancy for another family.
She is an individual with her own medical, legal and personal interests.
The framework places importance on:
Right to Informed Consent
The surrogate must understand the procedure, relevant risks and implications before providing consent.
Right to Medical Information
She should receive appropriate information regarding her medical care.
Right to Medical Care
Pregnancy through surrogacy requires appropriate antenatal, obstetric and postpartum care.
Right to Prescribed Insurance
The statutory framework provides for prescribed insurance coverage.
Right to Withdraw Consent Before Implantation
The Act provides for written informed consent and recognises withdrawal of consent before embryo implantation.
Right to Privacy and Dignity
Surrogacy should be handled with respect for the surrogate’s privacy, dignity and medical autonomy.
Protection Against Exploitation
The Act prohibits exploitation and creates penalties for prohibited conduct.
Postpartum Care
Medical responsibility does not end at delivery. Pregnancy-related and postpartum complications form part of the insurance and healthcare framework.
Can a Surrogate Withdraw Her Consent?
Yes, before implantation. The law provides for written informed consent and recognises the surrogate mother’s right to withdraw consent before the embryo is implanted.
This makes it important that consent is:
- Voluntary
- Informed
- Documented
- Based on an understanding of risks and procedures
Private agreements should not be treated as a way to override statutory protections.
Can a Surrogate Terminate the Pregnancy?
This question cannot be answered by a simple “yes” or “no.”
The Act specifically provides that an abortion during the period of surrogacy requires the written consent of the surrogate mother and authorisation by the appropriate authority, with that authorisation subject to the Medical Termination of Pregnancy Act.
Therefore, pregnancy termination during surrogacy involves an intersection between:
- The Surrogacy (Regulation) Act
- The Medical Termination of Pregnancy Act
- The surrogate’s written consent
- Appropriate-authority requirements
- Medical circumstances
The surrogate’s consent remains an important component of the statutory framework.
What Rights Does a Child Born Through Surrogacy Have?
The Surrogacy Act provides specific protections for children born through surrogacy.
These include protection against abandonment and recognition of the child’s rights under the statutory framework. The Act also addresses circumstances involving children born through surrogacy, including medical or other conditions.
Important areas include:
- Legal parentage
- Child welfare
- Inheritance
- Protection against abandonment
- Medical care
- Genetic or medical conditions
- Birth-related complications
- Multiple births
Intended parents should understand the legal documentation and parentage process before treatment begins.
What Is Prohibited Under Surrogacy Laws in India?
| Prohibited conduct | Explanation |
| Commercial surrogacy | Commercial remuneration or prohibited commercial arrangements |
| Commercial advertising | Advertising prohibited commercial surrogacy |
| Commercial solicitation | Recruiting or arranging surrogacy commercially |
| Exploitation | Exploiting a surrogate mother or child |
| Sale of embryos | Prohibited |
| Certain embryo/gamete transactions | Restricted or prohibited under applicable law |
| Sex selection | Prohibited |
| Surrogate’s own gametes | Not permitted |
| Child abandonment | Prohibited in specified circumstances |
| Unauthorised surrogacy | Conducting procedures outside the statutory framework |
The Act specifically prohibits activities including exploiting a surrogate mother or child, selling embryos or gametes for surrogacy, importing embryos or gametes for surrogacy and sex selection.
What Are the Penalties for Illegal Surrogacy in India?
The penalties depend on the specific offence.
For serious prohibited conduct covered by Section 38, the Act provides for imprisonment that may extend to 10 years and a fine that may extend to ₹10 lakh.
For intending couples or intending women who seek commercial surrogacy or fail to follow altruistic surrogacy requirements, Section 40 provides penalties that may include:
- Up to five years’ imprisonment and a fine up to ₹5 lakh for a first offence
- For subsequent offences, imprisonment up to 10 years and a fine up to ₹10 lakh
Certain professionals or persons associated with surrogacy clinics who contravene provisions other than those specifically covered by Section 38 can also face imprisonment and fines under Section 39.
Because different offences carry different consequences, it is inaccurate to describe the penalties simply as a generic “heavy fine.”
Is Surrogacy Different From IVF?
Yes.
| IVF | Surrogacy |
| Fertility treatment | Reproductive arrangement involving a surrogate |
| Intended woman may carry the pregnancy | Surrogate carries the pregnancy |
| No surrogate required | Eligible surrogate required |
| Embryo created using ART | Embryo is transferred to surrogate |
Can Surrogacy Be Done Without IVF?
Gestational surrogacy requires embryo creation and embryo transfer through assisted reproductive technology.
The surrogate does not provide her own egg under the statutory framework.
How Much Does Legal Surrogacy Cost in India?
There is no responsible one-size-fits-all price for legal surrogacy.
The total cost can depend on:
- IVF treatment
- Embryology
- Fertility investigations
- Genetic testing where medically indicated
- Surrogate screening
- Pregnancy monitoring
- Delivery
- Insurance
- Permitted medical expenses
- Additional treatment
- Documentation and legal expenses where applicable
The number of treatment cycles and the medical complexity of a case can significantly affect the final cost.
At Nimaaya, the appropriate approach is to discuss the patient’s individual medical pathway rather than present a misleading fixed package price.
What your surrogacy treatment may cost depends on your medical pathway, number of IVF cycles, investigations, pregnancy care and other case-specific requirements.
Before beginning treatment, ask for a written estimate that separates:
- Included costs
- Excluded costs
- Medical costs
- Insurance
- Additional treatment
- Documentation-related expenses
How Long Does the Legal Surrogacy Process Take?
There is no single legally guaranteed timeline for every surrogacy case.
The overall journey may include:
- Medical evaluation
- Confirmation of medical indication
- District Medical Board assessment
- Eligibility documentation
- Surrogate screening
- Certification
- IVF
- Embryo transfer
- Pregnancy
- Delivery
- Postpartum care
- Parentage and related documentation
Some stages depend on medical response, while others depend on administrative and regulatory processes.
Therefore, a clinic should be cautious about promising a guaranteed number of weeks or months.
Surrogacy Laws in India vs Other Countries
Surrogacy law differs substantially between countries.
| Country | General model |
| India | Regulated altruistic framework |
| UK | Altruistic model |
| USA | Varies by state |
| Canada | Altruistic framework |
| Other jurisdictions | Varies significantly |
International patients should never assume that a surrogacy model permitted in another country is also permitted in India.
The rules concerning:
- Compensation
- Eligibility
- Citizenship
- Marriage
- Parentage
- Donor gametes
- Surrogate rights
can differ considerably.
What Has Changed in Indian Surrogacy Law Recently?
2021 — Surrogacy (Regulation) Act
The Surrogacy (Regulation) Act, 2021 established the statutory framework for regulating surrogacy in India.
2022 — Rules Notified
The Surrogacy (Regulation) Rules, 2022 provided operational requirements under the Act. India Code records the Rules as dated June 21, 2022.
2023 — Further Regulatory Developments
Additional amendments and regulations affected the practical implementation of the framework.
2024 — Donor-Gamete Amendment
The 2024 amendment created a specific pathway for donor-gamete use where the District Medical Board certifies the relevant medical necessity, while retaining the requirement that at least one gamete come from the intending couple.
2025–2026 — Continuing Implementation and Interpretation
Government FAQs, regulatory implementation and judicial developments continue to influence how individual provisions are understood.
For a legal-medical page such as this one, the “last updated” date should therefore be maintained whenever a material notification, amendment or judgment changes the framework.
Court Decisions and Surrogacy Law in India
Court decisions are important because legislation does not always answer every real-world medical situation.
Judicial decisions can involve:
- Statutory interpretation
- Constitutional questions
- Medical exceptions
- Age-related disputes
- Genetic conditions
- Access to donor gametes
- Implementation of amendments
One important development involved litigation concerning donor eggs and medical conditions such as Mayer-Rokitansky-Küster-Hauser syndrome. The Supreme Court’s proceedings subsequently considered the 2024 amendment and the role of the Medical Board in determining whether donor gametes were medically necessary.
The key lesson is:
A court decision concerning one person’s circumstances should not automatically be treated as a general eligibility rule for everyone.
When discussing a judgment, a trustworthy medical/legal article should identify:
- Court
- Year
- Case
- Relevant facts
- Legal issue
- Decision
- Practical significance
- What the decision does not establish
What Are the Ethical Issues in India’s Surrogacy Law?
Surrogacy involves more than legal eligibility.
It also raises important ethical questions.
Exploitation
A major concern behind regulation is the possibility that economically vulnerable women may be pressured into reproductive arrangements.
Informed Consent
Consent must be meaningful, voluntary and informed.
Economic Vulnerability
The prohibition of commercial remuneration is intended partly to reduce commercial exploitation, although the ethical debate about compensation remains broader than the legislation itself.
Family Pressure
A woman should not be coerced by family members or intended parents.
Surrogate Autonomy
The surrogate has her own medical interests and should be treated as an independent patient.
Child Welfare
The welfare and legal rights of the child must remain central.
Commercialisation
India’s law takes a restrictive approach to commercialisation.
Access and Equality
The statutory categories raise broader questions about who can access reproductive technologies.
LGBTQ+ Access
The current statutory framework does not provide a general pathway for every family structure, creating ongoing legal and policy questions.
Single-Parent Access
The framework specifically recognises an intending woman in the statutory widow/divorcee category but does not create an equivalent pathway for a single man.
Genetic-Link Requirements
The law’s emphasis on gametes and genetic connection creates another area of medical and ethical debate.
A responsible article should distinguish what Indian law currently requires from opinions about what the law should require.
Why Did India Ban Commercial Surrogacy?
The government’s regulatory approach has been shaped by concerns including:
- Exploitation of surrogate mothers
- Commercialisation of reproduction
- Abandonment of children
- Unethical practices
- Unregulated intermediaries
- Protection of surrogate mothers
- Protection of children
The Act therefore establishes altruistic rather than commercial surrogacy as the permitted model.
However, ethical and academic discussions continue regarding whether the current model provides the appropriate balance between protection, autonomy, compensation and access.
That distinction matters:
Government’s stated rationale ≠ the entire academic debate about surrogacy.
Common Myths About Surrogacy Laws in India
Myth 1: Surrogacy Is Completely Banned
Fact: Surrogacy is legal in India when the statutory requirements are satisfied.
Myth 2: Commercial Surrogacy Is Legal If Everyone Consents
Fact: Consent does not make prohibited commercial surrogacy legal.
Myth 3: The Surrogate Must Be a Close Relative
Fact: A close-relative relationship is not mandatory under the current framework.
Myth 4: The Surrogate Provides the Egg
Fact: A surrogate cannot provide her own gametes.
Myth 5: One Failed IVF Cycle Qualifies You
Fact: One unsuccessful IVF cycle does not automatically establish statutory eligibility.
Myth 6: Any Woman Can Become a Surrogate
Fact: The surrogate must meet prescribed age, marital, child-status, medical and other eligibility requirements.
Myth 7: Donor Gametes Are Completely Banned
Fact: The 2024 amendment permits donor-gamete use in specified medically certified circumstances.
Myth 8: Surrogacy Is the Same as IVF
Fact: IVF is a fertility treatment; gestational surrogacy involves a surrogate carrying the pregnancy.
Myth 9: The Clinic Alone Can Approve Surrogacy
Fact: Statutory certification and appropriate authorities form part of the process.
Myth 10: A Surrogate Can Be Paid a Commercial Fee
Fact: Commercial remuneration is prohibited, although prescribed medical expenses and insurance are recognised under the altruistic framework.
Myth 11: Intended Parents Make Every Pregnancy Decision
Fact: The surrogate has independent medical and consent rights under the legal framework.
Myth 12: Surrogacy Has a Guaranteed Success Rate
Fact: No fertility treatment can responsibly guarantee a successful pregnancy or live birth.
Legal Surrogacy Checklist for Intended Parents
Before starting treatment, intended parents should consider the following:
- Confirm the medical indication
- Verify statutory eligibility
- Understand the certification process
- Obtain required medical certification
- Confirm surrogate eligibility
- Confirm informed consent
- Verify that the clinic meets applicable registration requirements
- Understand insurance coverage
- Review required documentation
- Understand embryo-transfer requirements
- Understand donor-gamete rules if relevant
- Obtain a written cost estimate
- Understand additional costs
- Understand parentage-related documentation
- Seek independent legal advice where appropriate
Questions to Ask a Surrogacy Clinic Before Starting
Choosing a surrogacy provider should involve more than asking about package cost.
Consider asking:
- Is the clinic registered under the applicable ART and surrogacy framework?
- Who is the treating fertility specialist?
- How will medical necessity be assessed?
- What documents will I need?
- Who coordinates the District Medical Board process?
- How is the surrogate medically screened?
- What psychological support is provided?
- What insurance is arranged?
- What happens if IVF does not result in a usable embryo or pregnancy?
- How many surrogacy attempts are permitted under the applicable rules?
- What are the current embryo-transfer requirements?
- Can donor gametes be used in my circumstances?
- What costs are included?
- What costs are excluded?
- What happens if pregnancy complications occur?
- What postpartum care is provided?
- Who handles the required legal and administrative documentation?
- How are medical records and privacy handled?
- What happens if regulations change during the treatment journey?
- Who should I contact for independent legal advice?
Frequently Asked Questions About Surrogacy Laws in India
1. Is surrogacy legal in India?
Yes. Surrogacy is legal in India subject to the conditions established under the Surrogacy (Regulation) Act, 2021 and applicable Rules and regulations.
2. Is commercial surrogacy legal in India?
No. Commercial surrogacy is prohibited.
3. What is altruistic surrogacy?
It is the legally recognised non-commercial form of surrogacy in which prohibited remuneration is not paid, while prescribed medical expenses and insurance are permitted.
4. What is the Surrogacy Regulation Act 2021?
It is the principal legislation governing surrogacy in India and establishing the relevant regulatory authorities and requirements.
5. Who is eligible for surrogacy in India?
Eligibility depends on the statutory category, medical indication, age, family status and required certification.
6. What is the age limit for an intending woman?
The statutory intending-woman category covers an Indian widow or divorcee aged 35–45, subject to the prescribed requirements.
7. Can a single woman use surrogacy?
Yes, where she falls within the statutory intending-woman category and satisfies the applicable requirements.
8. Can a single man use surrogacy?
No. The Government of India’s FAQ specifically states that a single man cannot avail surrogacy in India.
9. Can unmarried couples use surrogacy?
The statutory intending-couple category requires a legally married couple.
10. Can LGBTQ+ couples use surrogacy?
The current statutory framework does not establish a general pathway for every family structure. Case-specific legal advice may be necessary.
11. Can NRIs use surrogacy in India?
NRIs may avail surrogacy services subject to the prescribed eligibility criteria.
12. Can OCI cardholders use surrogacy?
Yes, subject to the prescribed statutory eligibility requirements.
13. Who can become a surrogate mother?
An eligible surrogate must meet the statutory requirements, including being an ever-married woman, having a child of her own and being within the prescribed age range.
14. What is the age limit for a surrogate?
The current framework specifies 25–35 years, subject to the other requirements.
15. Does the surrogate need to have her own child?
Yes.
16. Does the surrogate have to be a relative?
No. The Government FAQ specifically says that being a close relative is not mandatory.
17. Can a surrogate act more than once?
No. The Act restricts a woman from acting as a surrogate more than once in her lifetime.
18. What medical conditions qualify for surrogacy?
The medical condition must fall within the applicable statutory medical indications and be certified through the prescribed process.
19. Is infertility alone enough?
No. A qualifying medical condition and prescribed certification are required.
20. What is a Certificate of Essentiality?
It is part of the statutory certification process establishing the relevant medical necessity for surrogacy.
21. What is a Certificate of Eligibility?
It establishes that the intended parent(s) satisfy the applicable statutory eligibility conditions.
22. Who is the District Medical Board?
It is the prescribed medical authority involved in assessing and certifying relevant medical indications.
23. What insurance is required for the surrogate?
The Rules provide for prescribed health-insurance coverage.
24. How long must surrogate insurance last?
The 2022 Rules require coverage for 36 months, including pregnancy and postpartum complications.
25. Can donor eggs be used?
They may be used in the specific circumstances permitted by the 2024 amendment, including where the District Medical Board certifies a relevant medical condition and the statutory gamete requirement is satisfied.
26. Can donor sperm be used?
Yes, within the applicable statutory circumstances. For a single woman in the recognised category, the 2024 rules specify her own eggs with donor sperm.
27. How many surrogacy attempts are allowed?
The 2022 Rules provide that the number of attempts of a surrogacy procedure on a surrogate mother should not exceed three times.
28. How many embryos can be transferred?
One embryo per treatment cycle is the standard rule, with up to three permitted in special circumstances under the Rules.
29. Can a surrogate withdraw consent?
The Act recognises withdrawal of consent before embryo implantation.
30. Can pregnancy be terminated during surrogacy?
Termination is subject to the surrogate’s written consent, appropriate-authority authorisation and compliance with the Medical Termination of Pregnancy Act.
31. What rights does a child born through surrogacy have?
The Act provides statutory protections concerning the child born through surrogacy, including protection against abandonment.
32. What are the penalties for commercial surrogacy?
Penalties vary according to the offence. Certain serious offences can attract imprisonment of up to 10 years and fines up to ₹10 lakh, while commercial-surrogacy offences involving intending persons carry separate penalties.
33. How much does surrogacy cost in India?
There is no universal legal or medical package price. Costs depend on IVF, investigations, embryology, pregnancy care, insurance, delivery and individual medical requirements.
34. How long does surrogacy take in India?
There is no single guaranteed timeline. The process may involve medical assessment, certification, IVF, embryo transfer, pregnancy, delivery and postnatal documentation.
35. Is surrogacy the same as IVF?
No. IVF is an assisted reproductive treatment; surrogacy involves a surrogate carrying the pregnancy.
Understanding Surrogacy Laws Before Treatment
India has not banned surrogacy outright. Instead, it has transformed surrogacy into a highly regulated, altruistic and medically indicated pathway.
The most important practical point is that surrogacy should not be approached simply as another IVF treatment package.
The process involves medical evaluation, legal eligibility, regulatory certification, surrogate screening, informed consent, insurance, assisted reproductive technology and pregnancy care.
If you are considering surrogacy, the first step is to understand whether your medical circumstances and personal situation meet the current requirements. A fertility specialist can review your treatment history, explain the medical pathway and help you understand the documentation and approvals that may be required.
Nimaaya Women’s Centre for Health & IVF Center can provide fertility-focused medical guidance for patients exploring their reproductive options, such as surrogacy. Any decision to proceed with surrogacy should be made after appropriate medical assessment and, where necessary, independent legal advice.
