Surrogacy Legal law India permits this procedure for OCI and NRI couples. It is a terminal method of having a baby with its own genes for intended couples. Commercial surrogacy is completely banned in the country, and altruistic surrogacy is allowed for Indian citizens. There are different laws that an intended couple need to consider while approaching the Indian surrogacy Clinics.
In surrogacy, artificial methods of reproduction are used, and the identity of the surrogate remains hidden during the whole procedure. The method is very similar to the IVF procedure, but a surrogate mother is a different component. In the case of altruistic Surrogacy surrogate is the female chosen by the intended parents from a relationship. There is an agreement between the surrogate and the intended couple before going into the procedure of surrogacy.
What is Surrogacy?
Surrogacy is a legal method of having a baby, which is very similar to the IVF procedure. During this procedure, a surrogate female is chosen for the gestation period. The traditional method of Surrogacy is not allowed in India. Surrogacy is performed in emergency cases, and it is not a common method of having a child.
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Surrogacy is banned in many countries, including neighbouring country Nepal, because of legalities, ethics, and violations of the surrogacy rules in the country. India has allowed surrogacy under some strict regulations. Commercial use of reproductive abilities by any woman or group is an offence to the law, and people involved in this will be punishable by law.
Types of Surrogacy
Different types of surrogacy are mentioned, and one of them is not allowed in India. These are based on the genetic link of the mother or father to the child. We divide them into four two based on the cost of surrogacy and two based on procedure:
Types of Surrogacy
Gestational Surrogacy
It is a legally accepted form of surrogacy in India; it is common, and the surrogate has no direct link to the baby's genes.
- The embryo is created via IVF using the egg and sperm of the intended parents or donors.
- The surrogate has no genetic link to the child.
- Most common and legally accepted form in many countries, including India.
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Traditional Surrogacy
It was traditionally performed in all fertility clinics of India. With time, there are conflicts between parents and the surrogate, and then it was restricted. According to the Latest Surrogacy Law in India (2025), it is mentioned as a complicated procedure of surrogacy.
- The surrogate’s egg is used, making her the biological mother.
- Less common and more legally complex.
- Sometimes sperm from the male intended parents is directly administered near the egg site in the uterus of the surrogate.
Commercial Surrogacy
According to the payment to the surrogate, there are two types of surrogacy: commercial and altruistic. In commercial surrogacy, a surrogate takes money and carries a baby for nine months.
- The surrogate is paid for her time, effort, and risk, along with medical and maternity care costs.
- Contracts define the legal rights, responsibilities, and compensation of all parties.
- It often involves in vitro fertilisation (IVF) and gestational surrogacy, where the surrogate has no genetic link to the child.
Altruistic Surrogacy
Altruistic surrogacy is a type of surrogacy arrangement where the surrogate female does not receive any financial compensation.
- No commercial payment to the surrogate
- Only medical, legal, and insurance costs are covered
- Typically done by a close relative or a known person
- Legally permitted in countries that ban commercial surrogacy.
What type of Surrogacy is allowed in India?
In India, only altruistic surrogacy is allowed under the Surrogacy Legal Law India, specifically the Surrogacy (Regulation) Act, 2021. This means the surrogate mother cannot receive any monetary compensation beyond medical expenses and insurance coverage. Commercial surrogacy — where the surrogate is paid for carrying the child — is strictly prohibited.
Altruistic surrogacy is permitted only for Indian married heterosexual couples who have proven medical infertility. They must meet specific age and marital criteria. The surrogate must be a close relative, married, and have at least one biological child of her own. She can only act as a surrogate once in her lifetime.
This law was enacted to prevent exploitation and ensure ethical practices in the surrogacy process. Foreign nationals, live-in partners, single individuals, and LGBTQ+ couples are not eligible under the current Surrogacy Legal Law in India. All procedures must be approved by a national and state-level authority.
Surrogacy Cost in India
Surrogacy cost in India is affordable in comparison to other countries. There are many factors affecting the surrogacy cost, and this is also a reason that makes it more expensive. Expenses of the surrogate mother and basic needs are also covered by the intended parents at the time of surrogacy. Here you will find all essential details of the surrogacy cost in India:
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|
Expense Category |
Estimated Cost (INR) |
|
IVF Treatment & Embryo Transfer |
₹3,50,000 – ₹5,00,000 |
|
Surrogate Medical Care & Insurance |
₹2,50,000 – ₹4,00,000 |
|
Legal & Administrative Fees |
₹4,00,000 – ₹6,00,000 |
|
Hospital Delivery & Newborn Charges |
₹2,00,000 – ₹5,00,000 |
|
Agency/Clinic Coordination (optional) |
₹1,00,000 – ₹2,50,000 |
|
Additional Costs (insurance, screening, etc.) |
₹1,00,000 – ₹2,00,000 |
|
Total Estimated Cost Range |
₹20,00,000 – ₹30,00,000 |
Is surrogacy legal in India for foreigners?
Under the Latest Surrogacy Law in India (2025), surrogacy is not legal for foreigners who are not of Indian origin. The Surrogacy (Regulation) Act, 2021, strictly prohibits foreign nationals from accessing surrogacy services in India, whether commercial or altruistic. This move was made to prevent the exploitation of Indian women and to regulate the process under ethical guidelines.
Only Indian citizens, NRIs (Non-Resident Indians), and OCI (Overseas Citizen of India) cardholders are eligible for altruistic surrogacy, provided they meet specific conditions like a minimum of five years of marriage, proven infertility, and age criteria. Additionally, the surrogate must be a close relative, married, and have a biological child of her own. She can act as a surrogate only once in her lifetime.
The Latest Surrogacy Law in India (2025) has made India’s surrogacy framework highly restrictive for international couples, shifting global surrogacy demand to countries with more inclusive legal systems.
Difference Between Commercial and Altruistic Surrogacy
The main difference between commercial and altruistic surrogacy lies in the intent and financial aspect of the arrangement. In commercial surrogacy, the surrogate mother is paid beyond medical expenses—she receives a financial reward for carrying the child. This form of surrogacy often involves third-party agencies and is driven by compensation. In contrast, altruistic surrogacy involves no monetary benefit for the surrogate except reimbursement of medical and insurance costs. It is usually done by a close relative or a known person, purely out of goodwill or an emotional bond.
In India, only altruistic surrogacy is legal under the Surrogacy (Regulation) Act, 2021, while commercial surrogacy has been completely banned to prevent exploitation and ensure ethical practices. Altruistic surrogacy is seen as a compassionate, family-driven process, while commercial surrogacy is more contractual and business-oriented in nature.
Aspect
- Compensation
- Legal Status in India
- Surrogate Selection
- Motive
- Ethical View
- Regulation
Altruistic Surrogacy
- No financial reward, only medical & insurance expenses
- Legal under the Surrogacy (Regulation) Act, 2021
- Usually, a relative or a known person
- Compassion, emotional bond, and family support
- Considered ethical and family-driven
- Strictly monitored by law with a limited scope
Commercial Surrogacy
- Surrogate is paid for her service
- Banned in India since 2021
- Often through agencies or unknown women
- Financial or commercial gain
- Often criticised for exploitation risks
- Prohibited by law to avoid unethical practices
Procedure of Surrogacy: Altruistic Surrogacy in India
Before entering into the procedure of surrogacy, various tests are done to determine the exact cause of infertility. Also, if a couple agrees to the procedure, surrogacy lawyers in Delhi agree with legal and ethical considerations from both teams. Altruistic surrogacy in India has all the following steps:
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Procedure of Surrogacy
- Initial Consultation: The journey begins with a consultation where intended parents discuss their medical history, fertility challenges, and expectations with a fertility specialist.
- Matching Process: Surrogates undergo rigorous screening to ensure they are physically and mentally fit to carry a pregnancy. Once a suitable match is found, both parties sign a surrogacy agreement.
- In Vitro Fertilisation (IVF): The IVF process involves the fertilisation of eggs and sperm in a laboratory setting. The resulting embryo is then transferred to the surrogate’s uterus.
- Pregnancy Monitoring: Surrogates receive regular medical check-ups throughout the pregnancy to ensure the health of both the baby and the surrogate.
- Birth and Legal Formalities: After the child is born, the intended parents are named on the birth certificate, and they assume full parental responsibilities immediately and the physical demands of pregnancy.
- Rigorous Screening: Surrogates undergo psychological and medical evaluations to ensure they are fully aware of the responsibilities and implications of surrogacy.
- Informed Consent: Surrogacy agreements outline all aspects of the process, ensuring that surrogates and intended parents are fully informed and in mutual agreement.
Factors To Choose the Right Surrogacy Services
Choosing the right surrogacy service requires careful attention to both legal and emotional aspects. First and foremost, ensure that the clinic or agency strictly adheres to the Surrogacy (Regulation) Act, 2021, which only permits altruistic surrogacy in India. All agreements should be legally sound, clearly drafted, and transparent to protect the rights of all parties involved. Legal guidance throughout the process is essential to avoid future complications regarding parental rights or birth registration.
Equally important is the clinic’s medical expertise. Opt for centres with well-established fertility specialists, modern IVF labs, and a strong history of successful surrogacy cases. The surrogate mother should go through a detailed screening process, including physical, psychological, and background checks, to ensure a safe and ethical match.
You can look for all these factors while choosing a surrogacy clinic.
- Every type of gynaecological service should be available.
- Cryopreservation of gametes is also a unique factor. Gametes need to be frozen at lower temperatures for further use.
- Other than IVF, Intra-Cytoplasmic Sperm Injection is also given to females who have a less sperm-producing male partner. This means facilities for all kinds of assisted reproductive technologies.
- The clinic should sustain more than 70% success rates in IVF treatment.
Why Did India Ban Commercial Surrogacy?
India banned commercial surrogacy through the Surrogacy (Regulation) Act, 2021, to protect the dignity and rights of women and children. The decision was driven by growing concerns about the exploitation of poor women, who were often lured into surrogacy solely for money without a full understanding of its emotional, legal, and medical consequences. Many unregulated clinics and agents operated in the shadows, leading to ethical violations, abandonment of babies, and cross-border legal disputes. To prevent India from becoming a global surrogacy hub driven by profit, the government opted to allow only altruistic surrogacy, where the intent is rooted in compassion and not financial gain.
- To stop the exploitation of poor and vulnerable women.
- To avoid the commercialisation of motherhood and human life.
- Rising cases of abandoned surrogate babies.
- Lack of legal clarity in international surrogacy cases.
- Surge in unregulated clinics and illegal brokers.
- Pressure from social, ethical, and feminist groups.
- To prevent India from becoming a “surrogacy tourism” hub.
- Promote altruistic, family-based surrogacy with emotional grounding.
Surrogacy Regulation Act, 2021: Altruistic Surrogacy in India
The Surrogacy (Regulation) Act, 2021, is a key legislation passed by the Indian Parliament to regulate and monitor the practice of surrogacy in India. This law came into effect in January 2022 and aims to prohibit commercial surrogacy while promoting ethical, altruistic surrogacy for intended Indian couples facing infertility. The Act ensures the protection of surrogate mothers from exploitation and safeguards the rights of the child born through surrogacy.
- Only permission for legal altruistic surrogacy in India.
- Surrogate mothers can receive only medical expenses and insurance coverage—no monetary compensation beyond this
- Any surrogacy arrangement involving financial gain for the surrogate is strictly prohibited.
- Brokers, agents, and middlemen involved in commercial surrogacy can face criminal charges.
- Only Indian heterosexual married couples are allowed to opt for surrogacy.
- Woman's age: 23–50 years; Man's age: 26–55 years.
- The couple must be medically certified as infertile and should not have any surviving biological or adopted children (with a few exceptions).
- Only married women (aged 25–35 years) with at least one biological child of their own can be surrogates.
- A woman can be a surrogate only once in her lifetime.
- She must be a close relative of the intended couple.
- Medical and psychological fitness is mandatory.
- Establishment of the National Surrogacy Board and State Surrogacy Boards to regulate and oversee practices.
- These bodies will formulate policies, conduct audits, and handle grievances.
- Only registered and government-recognised clinics can offer surrogacy services.
- All clinics must maintain transparency, documentation, and follow ethical practices.
- Commercial surrogacy, advertisement, or misuse can lead to up to 10 years of imprisonment and fines up to ₹10 lakh.
- Harassment or coercion of surrogate mothers is also punishable.
Is surrogacy for foreigners allowed in India?
No, surrogacy is not legal in India for foreigners. According to the Surrogacy (Regulation) Act, 2021, only Indian heterosexual married couples are permitted to pursue surrogacy within the country. The law prohibits foreign nationals, NRIs (Non-Resident Indians), PIOs (Persons of Indian Origin), and OCI cardholders from engaging in any surrogacy arrangements in India. This step was taken to curb the growing misuse of surrogacy by international clients, prevent exploitation of poor Indian women, and avoid legal complications related to the nationality and citizenship of surrogate children.
The Act allows surrogacy only for Indian couples who are medically proven to be infertile and meet the age and eligibility criteria. Single parents, live-in couples, same-sex couples, and foreign citizens are strictly excluded. As a result, India has firmly closed its doors to cross-border surrogacy, and intended parents must explore other countries where surrogacy is legally allowed for foreigners.
Why is the Requirement of surrogacy? ‘
Surrogacy is a medical process where a woman (the surrogate) carries and delivers a child for intended parents who are unable to conceive or carry a pregnancy themselves. The Surrogacy Legal Law India, enacted through the Surrogacy (Regulation) Act, 2021, clearly defines when surrogacy is permissible and sets strict eligibility criteria to prevent exploitation and maintain ethical standards.
The Surrogacy Legal Law India ensures that surrogacy is used ethically and only by those who genuinely need it. The law places importance on protecting the surrogate from exploitation, ensuring child welfare, and safeguarding the emotional, physical, and legal interests of all parties involved.
Why is the Requirement of surrogacy
Medical Need for Surrogacy
According to the Surrogacy Legal Law India, surrogacy is allowed only for couples facing proven infertility or medical conditions that make pregnancy impossible or life-threatening. This includes:
- Absence of the uterus
- Recurrent miscarriages
- Repeated IVF failures
- Severe health risks to the mother or child
Medical certification of infertility is mandatory before applying for surrogacy approval.
Marital Status & Relationship Requirements
The law only permits Indian heterosexual married couples to opt for surrogacy. The couple must have been married for at least five years, and surrogacy must be their last resort. Couples in live-in relationships, single individuals, same-sex couples, and foreign nationals are excluded under the current framework of the Surrogacy Legal Law India.
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Age Limit for Surrogacy in India
As per the law, the age criteria are:
- Intended Mother: Must be between 23 and 50 years
- Intended Father: Must be between 26 and 55 years
- Surrogate Mother: Must be between 25 and 35 years
These age limits aim to ensure biological readiness, mental maturity, and lower health risks for both surrogate and baby.
Eligibility of the Surrogate Mother
Under Surrogacy Legal Law India, a woman can act as a surrogate only if:
- She is a close relative of the intended couple
- She is married, with at least one biological child
- She agrees to be a one-time surrogate only
- She is medically and psychologically fit
No commercial arrangement is allowed. Only altruistic surrogacy, without monetary compensation (except medical care and insurance), is legal.
Legal Approvals & Documentation
Surrogacy must be approved by a National Assisted Reproductive Technology and Surrogacy Board and State Boards. Proper legal documentation, consent, and verification are essential before the embryo transfer.
What is the latest law for surrogacy?
The Surrogacy Legal Law India is now governed by the Surrogacy (Regulation) Act, 2021, which officially came into effect in January 2022. This law permits only altruistic surrogacy, meaning the surrogate mother can’t be paid beyond medical and insurance-related expenses. Commercial surrogacy—where the surrogate is compensated—is completely banned.
Under this law, only Indian married heterosexual couples can opt for surrogacy. They must be married for at least five years and provide medical proof of infertility. Age limits are strictly defined: the intended mother must be 23–50 years old and the father must be 26–55 years. The surrogate mother must be 25–35 years old, married, and have at least one biological child of her own. She can act as a surrogate only once.
To proceed with surrogacy, couples must obtain Certificates of Eligibility and Essentiality from government-appointed boards. The process also requires medical, psychological, and legal clearance.
The new Surrogacy Legal Law India aims to protect surrogate mothers, prevent exploitation, and regulate the entire process with strict oversight, ensuring that surrogacy remains a safe and ethical option for genuine cases of infertility.
Best Hospitals for Surrogacy in India
India is home to some of the most advanced and ethical surrogacy hospitals, offering world-class care, experienced fertility specialists, and high success rates. The best surrogacy hospitals in India follow the Surrogacy Legal Law India and offer only altruistic surrogacy as per the 2021 regulation. These centres provide cutting-edge technology, transparent processes, and full legal assistance to intended parents.
Among them, We Care Health Services stands out as a trusted medical facilitator, connecting patients with top-tier hospitals across major cities. They provide personalised support, affordable packages, and guidance through every step of the surrogacy journey. Whether in Delhi, Mumbai, or Bangalore, these hospitals ensure ethical, safe, and successful treatment experiences for couples struggling with infertility.
|
Hospital Name |
Location |
|
We Care Health Services |
Pan-India (Coordinator) |
|
Indira IVF |
Nationwide |
|
Nova IVF Fertility |
Multiple Cities |
|
Cloudnine Fertility |
Bengaluru, Gurgaon |
|
Max Healthcare |
Delhi NCR |
|
BLK-Max Super Speciality Hospital |
Delhi |
|
Apollo Fertility |
Pan-India |
|
Milann Fertility Centre |
Bengaluru |
|
Fortis Bloom IVF |
Delhi, Mohali |
|
International Fertility Centre |
Delhi |
|
CK Birla Hospital |
Gurgaon |
|
Southend Fertility & IVF |
Delhi NCR |
|
ART Fertility Clinics |
India & UAE |
|
Motherhood Fertility |
Multiple Cities |
|
Gaudium IVF |
Delhi |
|
Oasis Fertility |
Pan-India |
|
Morpheus IVF |
Nationwide |
|
Medicover Fertility |
Delhi, Lucknow |
|
GarbhaGudi IVF |
Bengaluru |
|
Akanksha Hospital & Research Institute |
Anand, Gujarat |
Legal Procedure of Surrogacy in India
Under the Surrogacy Legal Law India, the surrogacy process is tightly regulated to ensure ethical practices, prevent exploitation, and protect all parties involved. The Surrogacy (Regulation) Act, 2021, allows only altruistic surrogacy for eligible Indian couples with medical infertility. The legal process must be followed strictly before embryo transfer and throughout the pregnancy. Here’s how the legal procedure of surrogacy in India works:
Step-by-Step Legal Process:
- Medical Proof of Infertility- The intended couple must obtain a certificate of infertility from a government-approved medical board.
- Eligibility Criteria Verification- The couple must be Indian citizens, married for at least 5 years. The woman must be 23–50 years, and the man 26–55 years.
- Selection of Surrogate- The surrogate must be a close relative, aged 25–35, married, with one biological child, and can only be a surrogate once.
- Application for Certificates
- Certificate of Essentiality (from a District Medical Board)
- Certificate of Eligibility (to confirm legal and medical qualifications)
- Legal Agreement & Consent- A written agreement is made between the couple and the surrogate, with informed consent and no commercial terms.
- Insurance & Medical Coverage- Insurance for 36 months is mandatory for the surrogate mother.
- Monitoring by Surrogacy Boards- All procedures must be reported to and monitored by the National and State Surrogacy Boards.
This legal process ensures that surrogacy in India remains safe, ethical, and fully compliant with Surrogacy Legal Law India.
We Care Health Services for Surrogacy in India
We Care Health Services is a trusted and experienced medical facilitator offering personalized guidance for couples seeking surrogacy in India. With over 15 years of expertise in fertility coordination, We Care connects intended parents to the best IVF and surrogacy hospitals across India, ensuring legal compliance, emotional support, and high success rates. Every process is handled with complete transparency, compassion, and professionalism.
In full compliance with the Surrogacy Legal Law India, We Care supports only altruistic surrogacy cases as allowed under the Surrogacy (Regulation) Act, 2021. They ensure that all surrogacy arrangements meet the legal, medical, and ethical standards prescribed by the government.
Why Choose We Care Health Services?
- Collaboration with top-tier surrogacy and IVF hospitals across India
- Complete legal support under the Surrogacy Legal Law India
- Medical coordination with leading fertility specialists
- Screening and selection of eligible surrogate mothers
- Assistance in obtaining legal certificates (Essentiality & Eligibility)
- Emotional and logistical support throughout the journey
- Transparent, affordable, and ethical approach
Best Surrogacy Doctor in India
India is home to some of the most experienced and ethical fertility experts, who strictly follow the Surrogacy Legal Law in India. These doctors specialise in handling complex infertility issues and offer full legal, medical, and emotional support to intended parents. They are known for their compassionate care, high success rates, and deep understanding of the legal process under the Surrogacy (Regulation) Act, 2021. Whether you’re starting your surrogacy journey or need expert guidance, these professionals ensure safe, ethical, and well-regulated procedures that align with Indian law.
|
Name of Doctor |
Hospital |
|
Dr. Nisha Bhatnagar |
Advance Fertility & Gynae Centre |
|
Dr. Shweta Goswami |
Zeeva Fertility |
|
Dr. Indira Ganeshan |
Indira IVF |
|
Dr. Richa Katiyar |
Risaa IVF Clinic |
|
Dr. Sonu Balhara Ahlawat |
Max Hospital |
|
Dr. Shivani Sachdev Gour |
SCI Healthcare |
|
Dr. Aradhana Kalra Dawar |
Milann Fertility Centre |
|
Dr. Kaberi Banerjee |
Advanced Fertility and IVF Centre |
|
Dr. Rita Bakshi |
International Fertility Centre |
|
Dr. Anju Suryapani |
We Care Health Services (Coordinator) |
What are the rights of a surrogate mother in India?
Under the Latest Surrogacy Law in India (2025), the surrogate mother is granted specific rights to ensure her safety, dignity, and informed participation. She must provide written consent and cannot be forced into the process. The law allows her to receive full medical care and health insurance during pregnancy and for 36 months after delivery. While no commercial payment is allowed, her rights are protected legally, ensuring ethical treatment and emotional well-being throughout the surrogacy journey.
- The surrogate must provide informed written consent before starting the procedure.
- She has the right to withdraw from surrogacy before embryo implantation.
- Entitled to free and quality medical care throughout the pregnancy.
- Must receive health insurance for at least 36 months post-delivery.
- Cannot be forced, coerced, or misled into surrogacy under any condition.
- She retains the right to dignity and privacy throughout the process.
- All legal agreements must clearly state her rights, responsibilities, and protections.
- She is eligible for psychological counselling and postnatal care.
- The surrogacy board reviews and approves the process for transparency.
- Her identity remains confidential and protected by law.