Surrogacy Rules in India Legal or Banned? A Detailed Guide to Surrogacy Laws in India.

Introduction

Have you asked yourself, "Can we go for surrogacy in India?" If yes, you're not the only one. Many couples who are trying to become parents think about this when other treatments don't work. They try IVF and hope for a natural pregnancy, but they still wait with hope. At that point, surrogacy feels like the next option—but the rules are not so easy to understand.

In 2025, whether you can go for surrogacy depends on the legal conditions. Is surrogacy legal in India? What are the actual rules? Who can go for it? Where do you start? This article will answer everything clearly in simple language.

We at Fertility Cure Centre don't offer surrogacy, but we know that giving the correct information is also part of support. That's why we've written this article with government sources and easy steps so you feel more clear, safe, and informed about the surrogacy laws in India.

Is Surrogacy Legal in India in 2025?

Surrogacy is legal in India but only permitted if it is altruistic. This means the surrogate mother should not receive any money except for medical expenses and insurance. If you're planning to pay a surrogate to carry your baby, it becomes commercial surrogacy, and that is illegal in India.

Here's a simple breakdown:

• Commercial surrogacy (offering money or hiring a surrogate): Illegal under Indian law.
• Altruistic surrogacy (done without payment, only for medical needs): Legal with strict rules.

This rule is part of the Surrogacy (Regulation) Act 2021, which was passed to stop the misuse of poor women for profit, prevent child trafficking, and promote ethical medical practices.

What Is Altruistic Surrogacy?

Altruistic surrogacy means the surrogate mother is not paid any money except for her medical expenses and insurance. She is not allowed to take compensation or gifts. The surrogate must be a relative of the intended couple, such as a sister, cousin, or sister-in-law. She must agree to become a surrogate willingly, out of love or support for the couple—not for profit.

Legal and Medical Conditions:

• Married women aged between 25 and 35 are eligible to be surrogate mothers.
• She must have at least one child of her own.
• She can become a surrogate only once in her lifetime.
• She must be medically and psychologically fit, with a fitness certificate from an approved medical board.
• She must provide written, informed consent before starting any procedure.

The goal of this rule under the laws for surrogacy in India is to keep the process ethical, protect women from exploitation, and make sure the decision is safe for both the surrogate and the baby. You can find more details in the official law: PRS India – Surrogacy (Regulation) Act, 2021

Who Can Opt for Surrogacy in India?

Not everyone is allowed to go for surrogacy in India. The Indian government has made clear rules to ensure it is only used when truly needed. According to the current surrogate laws in India, only certain people can apply, and they must meet specific conditions:

• Only Indian heterosexual couples can apply. The couple must be legally married and citizens.
• They must prove 5 years of infertility – This means the couple should have tried to conceive for at least five years without success. A certificate from a registered fertility specialist is required.
• Female age: 23 to 50 years – The wife must be between 23 and 50.
• Male age: 26 to 55 years – The husband must be between 26 and 55.
• They must not have a biological, adopted or surrogate child – Surrogacy is only allowed for childless couples. However, if the child has a life-threatening disorder or is mentally/physically challenged, they may still be eligible.
• Surrogacy must be recommended for genuine medical reasons – This includes severe health conditions like the absence of a uterus, repeated pregnancy loss, or failed IVF treatments.

These conditions are not just written on paper—they are checked and verified by two key authorities.

• District Medical Board – This board confirms whether the couple truly has infertility and a medical need for surrogacy. They review medical records and reports from registered fertility doctors. 
• State ART & Surrogacy Board – This board checks your submitted documents, reviews the surrogate's details, and provides the final approval and eligibility certificates.

  More information can also be found on the National ART & Surrogacy Portal.

Who Can Become a Surrogate Mother In India?

The Indian government has set strict rules for those who can and cannot become surrogate mothers to ensure safety and fairness for everyone involved.

According to the Surrogacy Regulation Act 2021, a surrogate mother must meet the following conditions.

• Close Relative or Cousin: The surrogate mother should be a close relative of the couple, such as a sister, cousin, or sister-in-law, to ensure emotional trust and reduce the chances of misuse.
• Age and Marital Status: She should be married, between 25 and 35.
• Parental Status: She must have at least one healthy biological child. This ensures she understands the risks and emotional journey of pregnancy.
• One-time Surrogacy: A woman can act as a surrogate only once in her lifetime, even if she wants to volunteer again.
• Medical and Psychological Fitness: She must pass a complete health check-up by a registered medical practitioner and get a fitness certificate confirming her physical and mental fitness.
• No Use of Own Eggs: The surrogate mother cannot donate her eggs. The embryo must be created using the gametes of the intended couple or donors.
• Written Informed Consent: After completing legal and medical counselling, she must provide her written consent.

The entire process is supervised by the District Medical Board and State ART & Surrogacy Board, which also issue necessary certificates. You can read detailed guidelines in the official law document: Surrogacy (Regulation) Act, 2021 – IndiaCode.

Documents Required for Surrogacy Process In India?

The Couple and the Surrogate Mother must submit their documents to the authority. Without submitting documents proving eligibility, medical condition, and consent, they may be unable to start the Surrogacy process.

Document Required for Couple for Surrogacy process.

• A marriage Certificate is required to prove that the couple is legally married.
• Proof of Age (Aadhar, PAN, Passport) – Required to confirm that the wife is between 23 and 50 and the husband is between 26 and 55.
• Medical Certificate of Infertility (5 years) – A certified report from a registered fertility specialist explaining that the couple has been unable to conceive naturally for at least five years.
• Certificate of Essentiality – Issued by the District Medical Board confirming the need for surrogacy based on medical grounds.
• Certificate of Eligibility – Provided by the State ART & Surrogacy Board once all conditions are met. Visit ART & Surrogacy Portal

Mandatory Documents For Surrogate Mother:

• Proof of Relation with Couple – Required to confirm she is a close relative, sister, cousin or sister-in-law.
• A marriage Certificate is required to prove that she is a married woman.
• Medical Fitness Certificate – A certified medical practitioner should issue this to confirm that she is physically fit for pregnancy.
• Psychological Screening Report – To ensure she is emotionally and mentally prepared for surrogacy.
• Consent Affidavit – A written and notarized document stating she agrees to be a surrogate without any financial compensation (except medical support).

Note: All the above documents are mandatory. Legal surrogacy cannot begin without submitting it to the Appropriate Authority.

For more updated forms and contacts, consult with your Clinic or visit the National ART & Surrogacy Registry.

Step-by-Step Guide to Apply for Surrogacy in India?

This section will guide you on how to apply for legal surrogacy in India.

1. Search for a Registered Fertility Clinic: The first step in starting your process is to check that the clinic is registered under the ART (Assisted Reproductive Technology) Act. If so, then the Clinic can guide you regarding your medical needs.

2. Medical Evaluation and Counselling: Couples must get fertility tests and medical counselling with specialists to figure out what's going on in their lives and whether they are emotionally ready.

3. Get a Doctor's Recommendation: A registered fertility specialist will write an approval for surrogacy if they agree it is medically necessary.

4. Apply to the District Medical Board: To meet the infertility requirements, we need to submit medical reports to get a Certificate of Essentiality, which confirms that you meet the requirements.

5. Apply to the Appropriate Authority: To comply with the law, you must apply for a Certificate of Eligibility from the State ART & Surrogacy Board. Couples can start the process without worrying about the law with this certificate.

6. Submit Surrogate's Documents: Collect and submit all required documents from the surrogate, including medical fitness, relationship proof, and psychological evaluation.

7. Sign the Altruistic Surrogacy Agreement: You must sign a legal agreement confirming that the surrogate will not be paid beyond medical costs. A legal expert verifies this document.

8. Legal Verification: Confirmation and cross-checking of all paperwork will be done by the clinic legal team and state authority to verify the confirmation.

9. Begin the IVF Process: After receiving official approval, the Clinic will proceed with embryo transfer and start the IVF procedure.

What You Should Do vs What You Should Not Do

It is essential to understand what is legally and ethically appropriate in surrogacy. Here's a breakdown of the current surrogacy laws in India, including what you must follow and what to avoid.

What You Should Do:

• Consult only registered clinics—Start with fertility clinics officially registered under the ART Act.
• Verify that the surrogate is a relative – The surrogate must be a close relative of the couple, such as a sister, cousin, or sister-in-law. This is required by law.
• Obtain all legal certificates before starting – Before proceeding, obtain a Certificate of Essentiality from the District Medical Board and a Certificate of Eligibility from the State ART & Surrogacy Board.
• Maintain transparency—It is crucial to maintain clarity and ensure that the surrogate mother is entirely informed and provides her consent in writing. Every agreement must undergo legal review.

What You Should Not Do:

• Offer payment to any surrogate – You cannot pay the surrogate any money other than approved medical expenses and insurance. Paying more than this becomes commercial surrogacy, which is illegal.
• Use agents or intermediaries—Brokers or agents may not arrange surrogacy. All arrangements must be made through legal and medical channels only.
• Proceeding without legal documents – Starting the surrogacy process without legal papers and approval is a serious legal violation.
• International surrogates or illegal donors – Surrogacy in India is limited to Indian citizens only. Foreign involvement is not allowed by law.

  Misuses or violations of Laws can result in up to 10 years of imprisonment and a fine of up to 10 Lakh.

  Source: Surrogacy Act Summary – India Code

Why Did the Indian Government Ban Commercial Surrogacy?

1. Exploitation of Poor Women: A lot of poor women were told they could get paid to be surrogates, but they never got it. A lot of money was made by brokers and hospitals instead. It was up to the clinic to decide what to do with these women, and they often gave them poor care. - The India Forum Surrogacy Biomarkers

2. Unethical Medical Practices: Clinics not allowed to perform procedures did so without the appropriate supervision. In some cases, women were implanted with many embryos, did not receive proper follow-up care, and they were not told about the possibility of adverse outcomes - India Today Report – Surrogacy in Delhi NCR

3. Risk of Child T trafficking and Statelessness: There were cases where babies born through commercial surrogacy were abandoned or faced issues of nationality, parentage, or custody. Some were born to foreign parents and left behind due to visa issues or legal disputes - IJME – Ending Commercial Surrogacy in India

4. No Legal Safeguards for Surrogates or Children: Without proper laws, there was no protection for the surrogate or the child. This created serious legal, ethical, and emotional challenges for everyone involved. To stop this misuse, the government introduced the Surrogacy (Regulation) Act of 2021, which ultimately banned commercial surrogacy and allowed only altruistic surrogacy based on strict medical needs.

The law aims to:

• Protect women from being used as wombs-for-hire
• Stop child trafficking and abuse
• Promote ethical medical care
• Ensure legal clarity for parents and children

Read the government release Press Information Bureau – Surrogacy Act Explained for official explanation and policy details.

Final Thoughts: Clarity Brings Peace

Understanding Indian surrogacy laws is about preserving every life—not just legal compliance. The standards may seem complicated, but they promote safety, ethics, and dignity.
Fertility Cure Centre doesn't offer surrogacy, but we want to share information with you so that you can quickly proceed with proper knowledge of the legal aspect.
Our fertility specialists can advise you on IVF or other fertility treatments. Contact us for a free consultation.

Helpful Resources:

1. Contact Us: Fertility Cure Centre – Book an Appointment
2. Related Post: IVF vs Surrogacy:   What's Right for You? (Coming soon)
3. Learn More: Ministry of Health – Surrogacy Law & ART Guidelines
4. Resolve: Support & Resources – Resolve.org
5. Surrogacy Law PDF: Read the Full Act on India Code

This Article was written for awareness purposes only.Please consult your local ART clinic or state surrogacy board for official guidance.

FAQ (Frequently Asked Questions):