Medically reviewed by Dr. Yuvrajsingh Jadeja, MBBS, MD (Obstetrics & Gynaecology), Medical Director, Nimaaya Wome’s Centre for Health & IVF Centre in Vadodara·
Quick facts: Surrogacy in India
✔ Only altruistic surrogacy is legal in India, under the Surrogacy (Regulation) Act, 2021
✔ Eligible: legally married Indian couples with certified infertility, eligible OCIs, and widowed/divorced women aged
35–45
✔ Not eligible: foreign nationals, live-in couples, single men, and same-sex couples
✔ No payment can be made to the surrogate — only her medical expenses and mandated insurance are covered.
✔ District Medical Board certification and an essentiality certificate are mandatory before treatment starts.
✔ Typical cost range: Rs. 15–30 lakh, depending on clinic, IVF cycles, and case complexity, depending on indiviual or couple case.
Surrogacy
Surrogacy in India offers a path to parenthood for couples who cannot carry a pregnancy themselves — but the process today looks very different from the largely unregulated industry India was once known for. Since the Surrogacy (Regulation) Act, 2021 came into force, surrogacy in India is legal only in its altruistic, gestational form, with strict eligibility rules and mandatory government approvals. This guide covers what surrogacy in India actually involves in 2026: who qualifies, what the process looks like, what it costs, and what to check before choosing a clinic.
What is surrogacy?
Surrogacy is an arrangement in which a woman — the surrogate — carries and delivers a child on behalf of intended parents who are medically unable to do so themselves. In gestational surrogacy, the only form legally practised in India, an embryo created in a lab through IVF using the intended parents’ eggs and sperm (or, in specific medically certified cases, one donor gamete) is transferred into the surrogate’s uterus. Because she contributes no genetic material, the surrogate has no biological connection to the child.
Is Surrogacy Legal in India?
Yes, but only as altruistic surrogacy. Commercial surrogacy — any payment to the surrogate beyond her medical expenses and mandated insurance — was banned by the Surrogacy (Regulation) Act, 2021, and is a criminal offence. Before this law, India had a large, loosely regulated commercial surrogacy industry that drew intended parents from around the world; that era ended with the 2021 Act and its 2024 amendment, which narrowed eligibility further.
Traditional vs. Gestational Surrogacy
Traditional surrogacy uses the surrogate’s own egg, making her genetically related to the child — this form is not practised or
permitted in India today. Gestational surrogacy, where the embryo is created entirely from the intended parents’ (or donor)
gametes, is the only legally recognised method, and is what every registered clinic in India performs.
Who needs surrogacy?
Surrogacy is sought by individuals or couples who face various challenges in having a child. There are several reasons why surrogacy might be required. Some of these reasons include:
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Infertility
Some people may be unable to conceive due to fertility problems or medical conditions that make it difficult to conceive a child. So, surrogacy is the best option for them to have their own children.
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Health Issues
Women who suffer from health issues such as cancer or any other problem may face fertility issues; the safest option is to go for this method.
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Same-Sex Couples
In cases where couples are of the same sex, they could opt for surrogacy by visiting Nimaaya and consulting with IVF specialists.
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Genetic Issues
Parents who have a high risk of passing a genetic disorder to their children can opt for the surrogate method by carrying an embryo created using their partner’s egg and sperm
- Absence of a uterus (born without one, or after a hysterectomy)
- An abnormal or damaged uterus that cannot sustain a pregnancy
- Repeated IVF failures despite viable embryos
- A medical condition that makes pregnancy dangerous for the intended mother
Who Is Eligible for Surrogacy in India?
Intended parents
• Legally married Indian couples, married at least 5 years, with a certified medical need for surrogacy
• Eligible Overseas Citizens of India (OCIs), subject to the same medical criteria
• Single women who are widowed or divorced, aged 35–45, under specific conditions
• Foreign nationals, live-in couples, single men, and same-sex couples are not currently eligible
Surrogates
• A willing, married woman aged 25–35
• Has at least one biological child of her own
• Medically and psychologically evaluated and certified fit
• Can act as a surrogate only once in her lifetime
What Is the Legal Process for Surrogacy in India?
• District Medical Board certification confirming medical necessity
• Essentiality Certificate issued by the Appropriate Authority
• A registered surrogacy agreement between intended parents and surrogate
• 36 months of insurance coverage for the surrogate, including postpartum complications
Once these approvals and the required agreements are in place, the child is recognised in law as the biological and legal child of the intended parents from birth, and a parentage order is issued after delivery. There is no separate adoption process.
The Surrogacy Process in India: Step by Step
1. Initial consultation — fertility evaluation and medical history review to establish certified need
2. Medical board approval — District Medical Board certification, followed by the Essentiality Certificate
3. Surrogate screening — clinical, psychological, and eligibility screening
4. IVF and embryo creation — eggs and sperm from the intended parents are used to create embryos.
5. Embryo transfer — a screened, healthy embryo is transferred to the surrogate.
6. Pregnancy monitoring — regular antenatal check-ups through the pregnancy
7. Delivery and parentage order — legal documentation confirms the intended parents as the child’s legal parents.
How Much Does Surrogacy Cost in India?
Because commercial surrogacy is banned, there is no fee paid to the surrogate herself. Published estimates across Indian fertility clinics generally place total surrogacy costs — covering IVF, the surrogate’s medical care and insurance, and legal documentation — in the range of roughly Rs. 15 lakh to Rs. 30 lakh, depending on the clinic, the number of IVF cycles
required, and case complexity. Treat any figure outside this range with caution, and always ask a clinic for a personalised, itemised estimate rather than relying on a single headline number.
| Cost Component | What It Typically Covers |
| IVF / ICSI treatment cycle(s) | Egg retrieval, fertilisation, and embryo culture — cost depends on the number of cycles needed. |
| Embryo transfer & monitoring | Transfer procedure plus follow-up scans and blood work |
| Surrogate’s medical care |
Antenatal check-ups, delivery, and postpartum recovery — reimbursed, not a fee |
| Mandatory insurance |
36 months of coverage for the surrogate, including postpartum complications |
| Legal & documentation |
Agreement drafting, Essentiality Certificate support, parentage order filing |
At Nimaaya, we believe in transparency and going through treatments that don’t involve any medical complications. The couple can afford the treatment under the guidance of Dr. Pooja Nadkarni Singh – IVF specialist – and endoscopy – Dr. Prabhakar Singh at Nimaaya Surat
Surrogacy Under Indian Law
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021. This law permits only altruistic surrogacy — the surrogate cannot be paid a fee and can only be reimbursed for her medical expenses and mandated insurance coverage during the pregnancy. Commercial surrogacy is a criminal offence.
A few things every intended parent should know:
- The child is legally the intended parents’ child from birth. Once the required approvals and parentage documentation are complete, the child is recognised in law as the biological and legal child of the intended parents — there is no separate adoption process.
- Eligibility is limited. Surrogacy is currently available to legally married Indian couples with a certified medical need, eligible Overseas Citizens of India (OCIs), and single women who are widowed or divorced, aged 35–45, under specific conditions. Same-sex couples, single men, and live-in couples are not currently eligible.
- The surrogate must meet strict criteria. She must be a willing, married woman aged 25–35, with a biological child of her own, medically and psychologically certified fit, and can act as a surrogate only once in her lifetime.
- Approvals are mandatory before treatment starts, including District Medical Board certification of medical necessity and an Essentiality Certificate from the Appropriate Authority.
Because the legal side is as involved as the medical side, disputes can still arise in rare cases — for instance, disagreements over handing over the child, or complications affecting whether intended parents proceed. Working with a clinic that coordinates both the medical and legal steps closely helps intended parents avoid these situations.
Why Nimaaya is the Best Surrogacy Centre in India?
Extensive Care
Our team of experts includes IVF embryologists and other team members who ensure constant support and care throughout your surrogacy journey.
Success Rate
Our experienced team is fully trained and keeps themselves updated with the latest technology. Their consultation throughout the process results in making sure that the success rate of surrogacy is relatively higher.
Affordability
We believe in making our infertility treatments affordable PAN India. Trying to normalize the treatment by educating people and making it accessible for all.
Infrastructure Facilities
To conduct treatments with updated equipment and ensure that there is the highest success rate and care.
Why Couples Choose Surrogacy
For couples who cannot carry a pregnancy themselves but can still produce viable embryos, surrogacy offers a way to have a biologically related child. It’s often considered after other fertility treatments haven’t succeeded or where a medical condition rules pregnancy out entirely.
Why Choose Nimaaya for Surrogacy in India
• Experienced specialist-led care — the surrogacy program is headed by Dr. Yuvrajsingh Jadeja, & Dr. Pooja Nadkarni Singh
• Coordinated care under one roof — fertility work-up, IVF cycle, embryo transfer, and antenatal monitoring managed at a
single centre
• Transparent cost breakdown — a clear, itemised estimate shared before treatment begins
• Dedicated counselling support — through every legal and medical milestone, from medical board certification to the
parentage order
Connect with the best surrogacy specialist at the best IVF centre in Gujarat for surrogacy infertility treatment.
With Nimaaya, you can avail yourself of the best comprehensive fertility assessment. At every step, we are with you, providing the best consultation and making your parenthood journey memorable. Under the guidance of embryo and IVF specialists, you will get the highest level of expertise and care to achieve your family planning goals.
Surrogacy in India: Frequently Asked Questions
Surrogacy raises as many personal questions as legal ones. Below, we’ve answered the questions intended parents ask most
often when exploring surrogacy in India — from how a surrogate is identified and screened, to what happens legally once the
baby is born.
1. What Does the Screening Process Actually Involve when choosing a surrogate?
Under Indian law, a surrogate must be a close relative of the intended parents — this isn’t a clinic-matched arrangement between strangers, as it is in some other countries. Once a relative comes forward, she still goes through rigorous screening before she’s approved: medical fitness tests, a psychological evaluation, age verification (25–35 years), and confirmation that she already has a child of her own and has never been a surrogate before. A District Medical Board must then certify the arrangement before treatment can begin.
2. Can single parents or LGBTQ+ couples opt for surrogacy in India?
Surrogacy is available to legally married Indian couples (wife aged 23–50, husband aged 26–55) with a certified medical need, eligible Overseas Citizens of India, and single women who are widowed or divorced, aged 35–45, under specific conditions. Same-sex couples, live-in couples, single men, and foreign nationals are not currently eligible under the Surrogacy (Regulation) Act, 2021. If you fall outside these categories, it’s worth discussing alternative paths to parenthood, such as adoption, with a fertility counsellor.
3. How long does surrogacy take in India from start to delivery?
Most journeys take roughly 12–18 months to start and finish. That typically breaks down as initial consultation and testing (4–8 weeks), surrogate screening and medical board certification (4–8 weeks), the IVF cycle and embryo transfer (4–8 weeks), and the pregnancy itself (around 9 months), and post-delivery legal formalities (a few weeks). Delays most often come from documentation or medical board scheduling rather than the medical procedures themselves.
4. How much does surrogacy cost in India? How much does Nimaaya charge?
Average surrogacy costs in India range from roughly Rs. 15 lakh to Rs. 30 lakh, covering the IVF cycle(s), the surrogate’s medical care, mandatory insurance, and legal documentation. There is no fee paid to the surrogate
herself — commercial surrogacy is illegal. Rather than comparing a single headline number across clinics, ask for an itemised breakdown so you know exactly what’s included and what could add to the cost (repeat cycles, donor gametes, complications).
5. Gestational vs. Traditional Surrogacy: What’s the Real Difference?
In gestational surrogacy — the only form legal in India — the embryo is created using the intended parents’ own eggs and sperm (or, where medically certified, one donor gamete), so the surrogate has no genetic link to the baby. Traditional surrogacy uses the surrogate’s own egg, making her the child’s biological mother; it isn’t practised or permitted in India.
6. Is Surrogacy Legal in India? A Quick Guide to the Surrogacy (Regulation) Act, 2021
Yes — altruistic surrogacy is legal in India under the Surrogacy (Regulation) Act, 2021, and its 2024 amendment. The law permits only gestational, altruistic surrogacy; requires the surrogate to be a close relative of the intended parents; mandates District Medical Board certification and an Essentiality Certificate before treatment; and bans any payment to the surrogate beyond her medical costs and insurance.
7. Is surrogacy safe? What medical risks should intended parents know about?
Surrogacy carries the same medical considerations as any pregnancy — including risks like gestational diabetes, preeclampsia, or delivery complications — which is why the law requires continuous antenatal monitoring and 36 months of insurance coverage for the surrogate. Choosing a centre with an accredited embryology lab, experienced fertility specialists, and clear emergency protocols matters more to safety outcomes than any single statistic.
8. What Should You Actually Look for in a Surrogacy Centre?
Beyond marketing claims, focus on whether the centre coordinates medical and legal steps under one roof (fewer handoffs mean fewer delays), whether a named, credentialed specialist personally oversees your case, whether cost estimates are itemised rather than a single vague figure, and whether they’re transparent about the current legal framework rather than glossing over eligibility restrictions. At Nimaaya, the surrogacy programme is led by Dr. Yuvrajsingh Jadeja, with over a decade of experience & Dr. Pooja Nadkarni Singh has 20+ years of experience in fertility care.
9. How does the surrogate become pregnant?
Through gestational surrogacy — the only legally recognised method in India — an embryo created via IVF using the intended parents’ eggs and sperm is transferred into the surrogate’s uterus.
10. Are surrogates paid in India?
No. Indian law permits only altruistic surrogacy — the surrogate can be reimbursed for medical expenses and mandated insurance but cannot be paid a fee. Commercial surrogacy is illegal.
11. Does the surrogate share DNA with the baby?
No, not in gestational surrogacy. Since the embryo is created from the intended parents’ (or, where medically certified, one donor) gametes, the surrogate has no genetic connection to the child.
12. Is the surrogacy process the same as adoption?
No. Once the legal approvals and parentage order are complete, the child is recognised from birth as the biological and legal child of the intended parents — there’s no separate adoption step.
13. What Emotional and Psychological Support Is Available During Surrogacy?
Surrogacy is as much an emotional journey as a medical one, for both intended parents and the surrogate. We understand the emotional challenges of surrogacy and support both the intended parents and the surrogate at every step. Good clinics build in counselling before treatment starts, regular check-ins during the pregnancy, and support around the handover and adjustment period after birth. Since Indian law requires a psychological evaluation of the surrogate as part of eligibility,
Mental wellbeing is already built into the legal process — not just an add-on service.
14. What if the surrogate has a miscarriage? Is there any refund or guarantee?
Miscarriage is rare but can happen in any pregnancy. At Nimaaya Women’s Centre for Health & IVF Centre, we provide complete medical and emotional support if this occurs. No fertility clinic can guarantee a successful pregnancy or live birth. If healthy frozen embryos are available, another embryo transfer may be recommended. During your consultation, we clearly explain the treatment plan, costs, and next steps so you know what to expect.
15. What Happens After the Baby Is Born? How Is Legal Parentage Established?
Once the required approvals and surrogacy agreement are in place, the child is recognised in law as the biological and legal child of the intended parents from the moment of birth — there’s no separate adoption process. Legal documentation confirms the surrogate has no parental rights or obligations, and birth registration is completed in the intended parents’ names
with the baby discharged directly to them.
16. Can NRIs or OCIs Pursue Surrogacy in India?
Overseas Citizens of India (OCIs) may be eligible, subject to the same medical certification and legal criteria as resident Indian citizens. Foreign nationals who are not OCIs are not currently eligible for surrogacy in India. If you’re an NRI or OCI considering this route, confirm your specific eligibility with a fertility specialist early, since documentation requirements can differ.
17. What Is a Certificate of Essentiality for Surrogacy in India, and Why Does It Matter?
The Essentiality Certificate is a mandatory approval issued by the Appropriate Authority, confirming that the intending couple meets all eligibility criteria and that surrogacy is medically necessary in their case. Along with District Medical Board certification, it’s a required step before any surrogacy treatment can legally begin — treatment cannot proceed without it.
18. Can Donor Eggs or Sperm Be Used in Surrogacy in India?
Generally, both the egg and sperm must come from the intended couple. However, under the 2024 amendment, one donor gamete (egg or sperm) can be used if a District Medical Board certifies that one partner has a medical condition that makes this necessary. At least one gamete must still come from the intending couple in these cases.
For couples looking for compassionate and advanced surrogacy support in Surat, Vadodara, and Ahmedabad, Nimaaya Womens Centre for Health & IVF Center provides personalised fertility guidance with experienced specialists, ethical medical care, and comprehensive reproductive support. We are dedicated to helping intended parents navigate their journey toward building a family with confidence and expert care.
