Surrogacy is legal in India but with certain surrogacy considerations. Before 2021, India was considered “the surrogacy capital of the world” but today the government has implemented regulations to control surrogacy and its limitations. The reason for surrogacy law reinterpretation is to protect the interests of surrogates, intended parents, and the child born through surrogacy. The Fertility Cure experienced legal surrogacy representatives and specialists have elaborated on the surrogacy regulations, legalities, eligibilities, limitations, processes, procedures, and costs on this page.
Current status of surrogacy in India
The current status of surrogacy in India is as follows:
- The most recently interpreted is the Surrogacy Rules 2022, which have allowed, the use of donor gametes (egg, sperm, & embryo) in surrogacy.
- The Surrogacy Regulation Act 2021 has banned commercial surrogacy.
- Currently, it allows only altruistic surrogacy to married Indian couples and Indian-married foreigners or Indian passport-holder foreigners.
- The Intending parents must produce a “certificate of essentiality” and medical justification to use surrogacy.
- The surrogate must be the relative of the intending parents, she must not receive any monetary remuneration or compensation from the parents.
Is surrogacy legal in India now?
Yes, surrogacy is legal in India. However, only altruistic surrogacy is allowed and limited to married Indian couples, single women (widowed or divorcees), Indian-married foreigners who are unable to conceive due to certain reproductive conditions, or foreigners holding Indian passports by either one or both parents.
Is gestational surrogacy legal in India?
Gestational usually refers to a woman who willingly carries the pregnancy for other couples or individuals who cannot carry by themself because of infertility conditions. It is mandatory to involve a gestational or surrogate mother in the surrogacy program. Therefore, gestational surrogacy is legal in India and the gestational/surrogate must be the relative of the intending parents. According to the Surrogacy Regulation Act 2021, commercial surrogacy is banned, and only altruistic surrogacy is permitted to married Indian couples, and foreigners with Indian passport holders.
Who can opt for surrogacy in India?
According to Indian surrogacy law, the following intended parents can opt for surrogacy in India:
- Married Indian couples who meet specific age prerequisites.
- Indian married foreigners or foreigners holding Indian passports.
- Ever-married single women (widowed or divorced).
- The female age should be 23 to 50 years and the male between 26 to 55 years.
- The couple must not have had any biological children.
- Intending parents can use their gametes in surrogacy or use donor assistance.
- Single males or same-sex couples surrogacy arrangements are prohibited in India.
India surrogacy law: Eligibility of surrogate mother
- The surrogate must be a relative, a friend, or known to the intended parents.
- She must be willing to carry the intended parent’s child without financial assistance.
- The surrogate mother must be married and between 25 and 35 years old with at least one child of her own.
- The surrogate must possess medical and psychological fitness certificates from the specialists to minimize the potential risks to herself and the baby.
Is surrogacy legal in India for foreigners?
Since 2021, the Surrogacy Regulation Act has prohibited surrogacy for foreigners in India due to commercial exploitation, surrogate exploitation, and disputes in child parentage orders. However, surrogacy is legal for Indian-married foreign couples and international couples who hold Indian passports by either one partner or both. Such couples looking for surrogacy are helped and guided by the Fertility Cure team, the finest surrogacy centre in India with additional unpaid services including donor assistance, visa assistance, travel assistance, pick-n-drop services, and hotel/homestay arrangements throughout the surrogacy journey, until achieving parenthood.
Surrogacy laws in India for single parents
The Indian surrogacy law allows only, ever-married divorced, or widowed single-parent surrogacy. They must comply with the following decisions:
- Such single parents are willing to have a child.
- They must produce the certification of being single.
- The widowed or divorced single female age should be 23 to 50 years and the divorced single male between 26 to 55 years.
- They can undergo donor assistance surrogacy.
Is child surrogacy legal in India?
No, child surrogacy is not legal in India. Only Indian-married couples, ever-married widows or divorced single women, Indian-married foreigners, and foreigners with Indian passports are allowed to have surrogacy.
Types of surrogacy in India
Only the altruistic type of surrogacy is allowed in India according to the Indian Surrogacy Regulation Act 2021, the law has strictly prohibited commercial surrogacy and foreigners without Indian passports. The altruistic type of surrogacy says that the woman to become a surrogate must be a close or far relative of the Intended parents and she need not be paid financially except for her expenses and medication during and after the surrogacy procedure.
Legal requirements for surrogacy in India
The last and latest Indian Surrogacy Regulation Act 2021 mandates several legal requirements that intended parents and surrogates to follow strictly.
- Submission of documents such as marriage proof, birth certificate, and medical proof certificate for surrogacy needs, obtained from the District board.
- Intended parents must bear the surrogate expenses including travel, clothing, medicines, tests, and follow-up check-ups.
- Intended parents must not hand out any financial assistance to the surrogate.
- The surrogate can also have insurance for 3 years, and the intended parents must provide an affidavit or guarantee of her overall health.
Surrogacy procedure in India
The surrogacy procedures are conducted in the following order:
- Book an online appointment
- Get a free surrogacy consultation.
- Visit the clinic or submit your previous medical history.
- Allow medical screened your surrogate and matching.
- Sign a legal contract involving the surrogate, intended parents, and the working clinic team in the presence of a surrogacy lawyer.
- Start the medical surrogacy procedure: IVF procedure
- Ovulation induction,
- Egg retrieval,
- Sperm collection,
- Fertilization.
- Transfer the embryo to the surrogate uterus.
- Confirm positive pregnancy through blood work and ultrasound.
- Get legal parentage order and rights of the child from the lawyers.
- Return home with your child.
Low-cost surrogacy in India with a high success rate
Low-cost surrogacy in India with a high success rate is finely produced by the Fertility Cure surrogacy clinic. The average surrogacy cost is Rs.18 lakhs for self-cycle and Rs. 20 lakhs onwards for donor-cycle which inclusively covers the complete surrogacy process and procedures. The highest success rate is 95% obtained in the case of the donor cycle and 75% to 85% for the self-cycle. A better success rate is achievable in women/donors between the 21 to 35 age group as they have good quality eggs. Older women too, can achieve success rates when appropriate medication or treatment is given before the surrogacy procedure.
Conclusion
The amendment of the new surrogacy law in India 2021 has embarked on a significant intervention that controls the surrogacy industry which addresses the ethical and exploitative concerns.
The Act has built a strong confidence in hopeful intended parents seeking surrogacy services to experience parenthood, highlighting transparency and safety while safeguarding the fundamental rights of the surrogate mother and child. The continuous refinement of surrogacy regulations in India established the nation’s strong commitment to protecting all parties involved.
Strict penalties are imposed on those who breach the Act, such as a fine of up to Rs 10 lakh and imprisonment of up to 10 years.
FAQs
- Is surrogacy still possible in India?
Yes, surrogacy is still possible in India for married Indian couples, widows or divorced single women, Indian-married foreigners, and Foreigners holding Indian passports.
- Is single-father surrogacy legal in India?
Only, ever married divorce single-father surrogacy is legal in India. But he needs to submit certain documents including marriage certificate, divorce paper, birth certificate, etc.
- Can an unmarried woman go for surrogacy in India?
Unmarried women cannot go for surrogacy in India. She must be married for atleast 3 years and a widow or divorced.
- What is the new bill for surrogacy?
The new bill for surrogacy in India, Surrogacy Rules 2022 is the inclusion of donor assistance (egg, sperm, and embryo) in surrogacy for those couples having valid reasons of incapability to produce them or fail to reproduce.
- Who is eligible for surrogacy in India?
Indian married couples, widows, or divorced women, Indian married foreigners, and foreigners holding Indian passports who have valid reasons of inability to conceive and hopeful to achieve parenthood.
