Overview of Surrogacy Laws in India

India regulates surrogacy under the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022. Only gestational, altruistic surrogacy is permitted; commercial surrogacy is prohibited. Clinics must be registered, advertising to recruit surrogates is banned, and the surrogate child is deemed the child of the intending parents. Insurance for the surrogate for 36 months is mandatory.

In February 2024, the government amended the Rules to allow use of one donor gamete (donor egg or sperm) when a District Medical Board certifies medical necessity—reversing a 2023 restriction that had barred donor gametes.

Who Can Access Surrogacy in India

Under the Act, surrogacy is available to:

• An intending couple (legally married Indian man and woman) meeting age limits (female: 23–50; male: 26–55) and holding medical certification of need from a District Medical Board. The couple must not have a living child, with narrow exceptions for serious illness or disability.
• An intending woman who is an Indian widow or divorcee aged 35–45.

Key negatives and clarifications:

• Foreign nationals cannot avail surrogacy services in India.
• Access for OCI/PIO/NRIs has been interpreted inconsistently by commentators; the statute uses terms like “couple of Indian origin” in a procedural clause, while defining an “intending couple” as an Indian man and woman—so it is essential to check with the State/UT Appropriate Authority for current implementation.

Surrogate eligibility: the surrogate must be an ever-married woman, have at least one child of her own, be 25–35 years old, cannot use her own gametes, and may act as a surrogate only once in her lifetime. The intending couple must approach authorities with a willing surrogate; advertising to find one is illegal.

Differences Between Altruistic and Commercial Surrogacy

• Altruistic surrogacy (legal): No payment beyond documented medical expenses, prescribed ancillary expenses, and insurance for the surrogate. No fees or monetary incentives are allowed.
• Commercial surrogacy (illegal): Any payment, reward, or benefit to the surrogate beyond permitted expenses and insurance. Strong prohibitions also apply to advertising, brokering, and operating unregistered clinics.

Countries Where Surrogacy Is Legal

Surrogacy laws vary widely and often depend on residency and local court orders. As of 2025:

• United States – Many states permit compensated gestational surrogacy under court orders; laws are state-specific.
• Canada, U.K. – Altruistic surrogacy permitted with expense reimbursement; commercial payment banned.
• Greece – Court-supervised model that can be available to foreigners under conditions.
• Georgia & Ukraine – Historically permitted commercial gestational surrogacy for married heterosexual couples; operational realities evolve due to geopolitical factors.
• Mexico & Colombia – Availability depends on court rulings/state law (Mexico) or constitutional jurisprudence (Colombia); arrangements often require court processes.

(Always verify the latest local law before proceeding; rules change frequently.)

How to Prepare for a Surrogacy Journey in India

1. Confirm Eligibility

If you are an intending couple, check age limits and obtain a District Medical Board certificate confirming a medical indication for gestational surrogacy. If medically necessary, one donor gamete may be used (2024 rule). If you are an intending woman (widow/divorcee, 35–45), confirm documentation of status and medical need.

2. Work Only With Registered Clinics

Use a registered surrogacy clinic; many IVF steps are governed by the ART (Regulation) Act, 2021, which also regulates donor sourcing and ART banks.

3. Identify a Willing Surrogate 

The surrogate must be an ever-married woman (25–35) with her own child, may act only once, cannot donate her own eggs, and must undergo medical and psychological fitness checks. Advertising to recruit a surrogate is prohibited; you must approach the authority with a willing woman, often a known person.

4. Secure Insurance and Budget Lawfully

Arrange 36-month insurance for the surrogate covering pregnancy and postpartum complications from an IRDAI-recognised insurer/agent. Plan for medical and prescribed ancillary expenses only; any additional payment is illegal.

5. Prepare Legal Documentation

Ensure you understand the court order regarding parentage and custody (Magistrate of the First Class or above). Keep all consents (including written, informed consent of the surrogate) and certificates organised for inspections and eventual birth registration.

6. Understand the Clinical Timeline

Clinics typically follow a pathway of consultation → eligibility evaluation → enrolment → consent and legal paperwork → embryo transfer (within limits set by Rules). Reputable programs publicly outline these steps so you know what to expect.

7. Plan Ethical and Psychosocial Support

Surrogacy involves complex ethical and psychosocial dimensions for all parties. Planning counselling and post-birth support reduces friction. Peer-reviewed literature highlights the need for robust safeguards and clarity of roles.

Practical FAQs (2025)

• Can unmarried single women access surrogacy? No; the Act allows an intending woman only if she is a widow or divorcee (35–45).
• Can single men access surrogacy? No.
• Can foreigners access surrogacy in India? No. OCI/PIO/NRIs should confirm with their State/UT Appropriate Authority due to evolving rules.
• Can donor eggs or sperm be used? Yes, one donor gamete is permitted if medically certified by a District Medical Board (Feb 2024 amendment).

Conclusion

Surrogacy in India is carefully regulated, designed to prevent exploitation while still offering an avenue for couples and certain women facing infertility challenges. For those eligible, preparation is key: ensure compliance with law, maintain transparency, and plan both medical and psychosocial aspects of the journey. Globally, surrogacy laws differ, making India’s framework unique in balancing altruism with access.

References

1. Surrogacy (Regulation) Act, 2021 and Rules, 2022. Ministry of Health & Family Welfare, Government of India.
2. FAQ on Surrogacy, Ministry of Health & Family Welfare, Government of India.
3. IRDAI Surrogacy Insurance Annexure. Ministry of Health & Family Welfare, 2022.
4. Press coverage of 2024 amendment allowing one donor gamete (The Hindu, Times of India, February 2024).
5. ART (Regulation) Act, 2021. Ministry of Health & Family Welfare, Government of India.
6. SurrogacyServices.net – India program overview and process details.
7. Peer-reviewed analyses of India’s surrogacy law on PubMed Central.
8. International surrogacy legal summaries (United States, Canada, U.K., Greece, Georgia, Ukraine, Mexico, Colombia).