Is Surrogacy Allowed in India? A Complete Guide to Surrogacy Laws in India (2025)

Yes, surrogacy is allowed in India but only if the intended parents fulfill all the eligibility criteria of pr surrogacy regulation act 2021.  Surrogacy is a significant reproductive option for couples struggling with infertility. 

In India, it has been a popular choice for international and domestic intended parents seeking to grow their families. However, as with any form of assisted reproduction, there are laws and regulations governing surrogacy to ensure ethical practices and protect the rights of all parties involved. 

But is surrogacy legal in India? This guide will answer this question and explore the surrogacy laws in India, eligibility criteria, surrogacy costs, and the current status of surrogacy in India, particularly in 2024.

 

• Book an online appointment: Get a free online consultation. 
• Call\W:+91-8800481100 Email:neelam@ivfconceptions.com

 

What is Gestational Surrogacy?

Surrogacy refers to an arrangement where a woman carries and delivers a child for another person or couple, who will become the child’s parent(s) after birth. There are two types of surrogacy: altruistic surrogacy and commercial surrogacy.

• Altruistic surrogacy involves a surrogate mother who agrees to carry the baby without any financial compensation, except for medical expenses and insurance.
• Commercial surrogacy includes the practice where the surrogate mother receives payment beyond medical costs.

 

More Resources to Read:

Surrogacy Twins Cost: What to Expect

Disqualifications for Surrogacy For Surrogates: Key Factors

Cost of Surrogate Mother in India: A Complete Guide

Surrogates and Abortion: What to Know Before This Journey

 

Is Surrogacy Legal in India?

As of 2024, surrogacy in India is legal, but there are strict surrogacy laws in India and regulations under the Surrogacy (Regulation) Act 2021. The Act defines and controls the conditions for surrogacy, ensuring that it is ethical, transparent, and protects the rights of all involved.

 

Surrogacy Laws in India 2024

In India, surrogacy is legal under specific conditions. The Surrogacy (Regulation) Act 2021 and the ART (Assisted Reproductive Technology) Bill 2024 outline the rules and regulations regarding surrogacy. Here’s an overview of surrogacy laws in India 2024:

• Altruistic surrogacy is permitted, but commercial surrogacy is banned in India. This means that surrogates cannot be paid beyond medical expenses and insurance coverage.
• The Surrogacy Act 2024 prohibits foreign nationals, single parents, and LGBTQ+ individuals from opting for surrogacy in India. Only Indian married couples who meet specific criteria can pursue surrogacy.
• The age limit for surrogacy in India is strictly regulated. The surrogate mother must be between 25 and 35 years old.
• Intended parents must be married for at least five years, and the woman must be under 45 years old and the man under 50 years old.

Is Surrogacy Banned in India?

While commercial surrogacy is banned in India, altruistic surrogacy remains legal. Commercial surrogacy in India was banned in 2015 due to ethical concerns and exploitation risks, especially for surrogate mothers. The Surrogacy (Regulation) Act 2021 further solidified the legal position, making the practice of commercial surrogacy illegal.

 

THE SURROGACY (REGULATION) ACT, 2021

 

• Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
• Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
• Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must. 
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
• Couple have not had any healthy surviving child biologically or by adoption.
• Have to have Medical indication necessitating gestation surrogacy.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
• Parentage Order passed by First class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.

 

Surrogacy Rules in India 2024: Eligibility and Requirements

The eligibility for surrogacy in India is strictly outlined in the new surrogacy law in India. Here are the primary rules for surrogacy in India in 2024:

 

Who Can Opt for Surrogacy in India?

• Indian married couples who have been married for at least five years and have medical reasons preventing them from having a child naturally.
• The woman must be between 23 and 45 years old, and the man between 26 and 50 years old.
• Same-sex couples, single parents, and foreign nationals are not eligible for surrogacy in India.
• The couple must provide medical proof of infertility or medical conditions that prevent pregnancy.

Surrogate Mother Eligibility

• A surrogate mother must be an Indian woman aged between 25 and 35 years.
• She must have at least one child of her own, ensuring she understands the emotional and physical aspects of pregnancy.
• The surrogate should not have been a surrogate more than once, and she must sign a legally binding agreement outlining her rights and responsibilities.

 

Surrogacy Process in India

If you’re interested in surrogacy in India, here’s a breakdown of the surrogacy process in India:

1. Consultation with a Surrogacy Agency: The first step is to consult a surrogacy agency, which will help you understand the legal procedures and connect with a surrogate mother.
2. Legal Agreement: A legal contract is signed between the intended parents and the surrogate, ensuring all terms and conditions are clear.
3. Selection of Surrogate: The surrogate is selected based on medical and psychological assessments.
4. Embryo Transfer: In cases of IVF (In Vitro Fertilization), embryos are created using the intended parents’ eggs and sperm and transferred to the surrogate mother.
5. Pregnancy Monitoring: The surrogate’s pregnancy is closely monitored, and the intended parents are updated on the progress.
6. Delivery and Custody: Once the baby is born, the intended parents assume legal custody, and the surrogate mother’s role concludes.

Surrogacy Cost in India

One of the primary reasons India was once a popular surrogacy destination is the cost of surrogacy in India, which is significantly lower than in countries like the USA or the UK. However, the cost of surrogacy in India varies depending on factors such as:

• Agency fees

• Medical expenses

• Surrogate compensation (for altruistic surrogacy)

• IVF treatment costs

On average, surrogacy in India can cost anywhere from INR 20L to 30 L depending on the surrogacy process and medical procedures involved.

 

More Resources to Read:

Surrogacy Process Explained for Intended Parents

How Long Does the Surrogacy Process Take?

Top 5 Things To Know Before Going For Surrogacy Process

Finding the Best IVF Clinic in India: Expert Guide

 

Conclusion

In conclusion, surrogacy is legal in India and surrogacy is allowed in India but it comes with strict regulations to ensure ethical practices and protect all parties involved. The Surrogacy (Regulation) Act 2021 and ART Bill 2024 make sure that surrogacy is practiced in a manner that prioritizes the health and rights of the surrogate, the intended parents, and the child. 

If you are considering surrogacy in India, it’s crucial to consult with experienced professionals to understand the process and legalities.

 

We are leading International Surrogacy Industry Expert with more than 15 years of global experience and expertise. Get in touch with us about affordable, reliable, and legal surrogacy options.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Georgia Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

Get in touch for  FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: ​neelam@ivfconceptions.com

📮  www.ivfconceptions.com    

Why Choose us for your smooth and successful surrogacy journey!!

• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience. 
• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.  
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc. 
• All transparent financial transactions with affordability. You make direct payment with no additional fee on top. 
• No hidden agent fee or surprise cost later on.  All fees paid directly as per the agreement signed with service provider. 
• Dedicated case manager to each IPs. 
• Honest, transparent and quick communications.
• Assistance in all legal matters pertaining to visa and taking baby home process.
• Local support with access to all medical reports of egg donors and surrogate mothers.
• Assistance in all logistics of frozen sperms/embryos shipments. 
• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.

 

To confirm all this, can you give below detail to see if we can assist you with surrogacy in India legally?

 

⎪       Female Partner Age: 

⎪       Male Partners Age:

⎪       Citizenship:  

⎪       Marital status:  

⎪       Any child?:

⎪       Medical reason for surrogacy: 

⎪       Self or donor cycle: Self eggs

⎪       Present location: 

 

If you will not be eligible for surrogacy in India, we can offer other countries as well. We are happy to set up a consultation call to discuss your options and further assistance, if needed.

 

Frequently Asked Questions (FAQs)

1. Is Surrogacy Legal in India?

Yes, surrogacy in India is legal, but only altruistic surrogacy is allowed. Commercial surrogacy is banned under the Surrogacy Regulation Act of 2021.

2. What Are the Surrogacy Rules in India 2024?

The rules for surrogacy in India 2024 include:

• Altruistic surrogacy is permitted, but commercial surrogacy is banned.
• Only Indian married couples with proven infertility are eligible.
• The surrogate mother must be aged between 25 and 35 years.

3. Who Can Opt for Surrogacy in India?

Indian married couples with proven infertility can opt for surrogacy. Same-sex couples, single parents, and foreign nationals are not eligible under the current laws.

4. What Is the Surrogacy Cost in India?

The cost of surrogacy in India ranges from $25,000 to $40,000 depending on the medical procedure and associated costs.

5. Is Surrogacy Banned in India?

Commercial surrogacy is banned in India as of 2015, and the Surrogacy Regulation Act 2021 further strengthens the ban. However, altruistic surrogacy is legal in India.

6. What Is Altruistic Surrogacy?

Altruistic surrogacy in India is when the surrogate carries the baby without receiving any monetary compensation beyond medical expenses. This practice is legal under the Surrogacy Regulation Act 2021.

7. How Does Surrogacy Work in India?

Surrogacy in India follows a legal and medical procedure that involves the selection of a surrogate, embryo transfer via IVF, and pregnancy monitoring, with the intended parents gaining custody after the birth.