Current Status of Surrogacy in India:FAQs Answered

Current Status of Surrogacy in India: FAQs Answered

Surrogacy in India has undergone significant legal transformations in recent years, leaving many prospective parents, surrogates, and stakeholders with questions about its current status.  What is current status of surrogacy in India is asked by many intended parents and here we provide detail about the current legal status of surrogacy in India. 

To help, we’ve created this detailed FAQ-style blog post addressing the most frequently asked questions about surrogacy laws, rules, processes, and eligibility in India as of 2024.

 

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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.

 

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?

Yes, surrogacy is legal in India, but only altruistic surrogacy is permitted. Commercial surrogacy was banned under the Surrogacy (Regulation) Act 2021, with further amendments introduced in 2024 to refine the process and criteria for surrogacy arrangements.

What Are the Surrogacy Laws in India?

The Surrogacy (Regulation) Act 2021 governs surrogacy in India. It allows altruistic surrogacy, where a surrogate mother carries a child without monetary compensation except for medical expenses and insurance. Commercial surrogacy, where payment is made to the surrogate beyond medical costs, is strictly prohibited.

 

Who Can Opt for Surrogacy in India?

Eligibility criteria for intended parents include:

• Must be Indian citizens.
• Couples must be legally married for at least five years.
• Women must be aged 23-50 years, and men 26-55 years.
• Must have a medical condition making natural conception or pregnancy impossible.
• Single parents, LGBTQ+ individuals, and foreigners are not eligible under current laws.

 

What Are the Surrogacy Rules in India 2025?

Key rules under the updated Surrogacy (Regulation) Act 2024 include:

Only altruistic surrogacy is allowed.

Surrogates must be a close relative of the intended parents.

Surrogates cannot provide their egg; only gestational surrogacy is permitted.

A medical board must approve all surrogacy cases.

 

What Is the Current Status of Surrogacy in India?

The current status of surrogacy in India is highly regulated. Altruistic surrogacy is allowed for eligible Indian couples, while commercial surrogacy remains banned. These regulations aim to prevent exploitation while supporting couples with legitimate medical needs.

 

Is Commercial Surrogacy Allowed in India?

No, commercial surrogacy is banned in India under the Surrogacy (Regulation) Act 2021. Surrogates can only be compensated for medical expenses and insurance, not for carrying the pregnancy.

 

What Is the Legal Procedure for Surrogacy in India?

 

The legal procedure for surrogacy in India involves:

Application to a District Medical Board for approval.

Verification of eligibility and medical necessity.

A surrogacy agreement signed between the intended parents and the surrogate, approved by authorities.

Medical treatments under strict guidelines.

 

What Is Altruistic Surrogacy in India?

Altruistic surrogacy involves a surrogate mother carrying a child without financial gain. She may only receive compensation for medical costs and insurance coverage. This is the only type of surrogacy allowed in India.

 

Why Is Commercial Surrogacy Banned in India?

Commercial surrogacy was banned to prevent exploitation of poor women, who were often coerced or lured into surrogacy for financial gains. The law seeks to uphold ethical practices and protect the rights of surrogates and children born through surrogacy.

 

What Is the Age Limit for Surrogacy in India?

Intended mothers: 23-50 years.

Intended fathers: 26-55 years.

Surrogate mothers: 25-35 years and must have at least one biological child of their own.

 

How Much Does Surrogacy Cost in India?

Since only altruistic surrogacy is permitted, costs are limited to medical procedures, insurance, and legal documentation. The total cost ranges between ₹20,00,000 and ₹30,00,000, depending on medical complexities.

 

Is Single-Parent Surrogacy Legal in India?

No, single-parent surrogacy is not allowed under the current laws. Surrogacy is restricted to heterosexual married couples who meet the eligibility criteria.

 

What Is the Surrogacy Process in India?

Medical board approval.

Identification of a surrogate (close relative).

Legal agreement drafting and approval.

Medical procedures (IVF and embryo transfer).

Continuous medical supervision and post-birth legal formalities.

 

Why Was Surrogacy Banned in India?

The blanket ban on commercial surrogacy aimed to stop unethical practices, exploitation of vulnerable women, and commercialization of human reproduction.

 

What Are the Rights of a Surrogate Mother in India?

Comprehensive health insurance.

Legal protection under the Surrogacy (Regulation) Act.

Right to refuse surrogacy agreements before the procedure begins.

 

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

Surrogacy in India remains a viable option for eligible Indian couples under strict regulations. The focus on altruistic surrogacy ensures ethical practices and safeguards for all parties involved. If you’re considering surrogacy in India, consult a qualified surrogacy expert to navigate the legal and medical procedures effectively.

 

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:

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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.