Surrogacy in India changed completely with the Surrogacy (Regulation) Act, 2021. Commercial surrogacy, where a woman is paid to carry a pregnancy, is now banned. Only altruistic surrogacy is allowed, and only for people who meet strict medical and legal conditions. Many couples still receive outdated or wrong advice, so here is what the law actually says.

What "altruistic surrogacy" means

Under the Act, the surrogate mother may receive no payment, fee or reward of any kind. The intending parents can pay only her medical expenses, other expenses set out in the rules, and insurance cover for her. Any clinic or agent offering a "paid surrogate" is offering something illegal.

Who can have a child through surrogacy

A married couple can apply if all of these apply:

  • The wife is between 23 and 50 years old, and the husband between 26 and 55, on the day of certification.
  • They have no surviving child, whether biological, adopted or through earlier surrogacy. The Act makes an exception when an existing child has a life-threatening disorder or a serious mental or physical disability.
  • There is a medical reason that makes gestational surrogacy necessary, certified by a medical board. Examples include absence of the uterus, a uterus that cannot carry a pregnancy, or a medical condition that makes pregnancy dangerous.

A single woman can apply only if she is an Indian widow or divorcee aged 35 to 45 years.

Single men, unmarried couples and same-sex couples are not eligible under the current law.

Who can be a surrogate mother

  • She must be an ever-married woman who has at least one child of her own.
  • She must be between 25 and 35 years old on the day of embryo transfer.
  • She can be a surrogate only once in her lifetime.
  • She needs a certificate of medical and psychological fitness.

The child must be genetically related to the intending couple or the intending woman, which means the embryo is created with the couple's own eggs and sperm. The rules were amended in 2024 to allow a donor egg or donor sperm in specific medical situations certified by the district medical board. Ask your clinic to explain how this applies to you.

The certificates you need

Before treatment can begin, two documents are needed from the appropriate authority of your state:

  1. A certificate of essentiality for the intending couple. This confirms the medical need, includes a court order on parentage and custody of the child, and requires insurance cover for the surrogate for 36 months after delivery.
  2. An eligibility certificate for both the intending couple and the surrogate, confirming the age and other conditions above.

Treatment can only be done at a surrogacy clinic registered under the Act. You can check registration through the national ART and Surrogacy portal.

What is strictly prohibited

  • Paying the surrogate beyond permitted expenses, or advertising for surrogates.
  • Choosing the sex of the baby. Sex selection is illegal in India under both the Surrogacy Act and the PCPNDT Act.
  • Abandoning the child for any reason, including illness or disability.

Key takeaways

  • Only altruistic surrogacy is legal in India, and it needs a certified medical reason.
  • Strict age limits apply to the couple, the single woman and the surrogate.
  • Certificates from the state authority are needed before treatment.
  • Choose a registered clinic and avoid anyone promising a paid surrogate.

A detailed checklist is available on this surrogacy eligibility guide. For how treatment is planned step by step, see altruistic surrogacy treatment in Ahmedabad.

This article is general information about the law and medical process, not legal advice. Rules can be updated, so confirm the current requirements with your clinic and the appropriate authority.

Author

Dr. Pranay Shah, M.S. (Obstetrics & Gynaecology), ART Certificate Course in Reproductive Medicine (Cleveland Clinic, USA), is the Founder, Director and Chief Fertility and IVF Specialist at Wellspring IVF & Women's Hospital, Ahmedabad. GMC Reg. No. G-18311. Full profile: Dr. Pranay Shah

References

  1. Government of India. The Surrogacy (Regulation) Act, 2021 (No. 47 of 2021). Gazette of India, 25 December 2021. https://egazette.gov.in/WriteReadData/2021/232118.pdf
  2. Government of India. The Assisted Reproductive Technology (Regulation) Act, 2021 (No. 42 of 2021). https://egazette.gov.in/WriteReadData/2021/232025.pdf
  3. National ART & Surrogacy Registry, Government of India. https://artsurrogacy.gov.in/