For many couples, surrogacy is the last hope of becoming parents. But in India, it is not a private arrangement between two families. It is a regulated process with strict rules, and a small mistake can stop the whole journey or even lead to criminal charges.
This guide explains surrogacy law in India in simple words, so you know what is allowed, who is eligible, and what steps to follow before you begin.
What Is Surrogacy?
Surrogacy is an arrangement where another woman, called the surrogate mother, carries and gives birth to a child for a couple or woman who cannot do so themselves. After birth, the child is handed over to the intending parents.
In India, only gestational surrogacy is practised. This means the embryo is made through IVF, and the surrogate is not the genetic mother of the child.
Which Law Governs Surrogacy in India?
Surrogacy is governed mainly by the Surrogacy (Regulation) Act, 2021, which came into force on 25 January 2022, along with the Surrogacy (Regulation) Rules, 2022. The Assisted Reproductive Technology (ART) Act, 2021 also applies, because it regulates the IVF clinics and the medical procedures involved.
The law has been amended since it was passed, so always check the current position before you start.
Commercial Surrogacy Is Banned
This is the most important rule. India allows only altruistic surrogacy. This means the surrogate mother cannot be paid for carrying the child. The intending parents can cover only her medical expenses and insurance.
Commercial surrogacy, such as paying a surrogate, advertising for surrogates, or running a surrogacy racket, is a criminal offence. Under the Act, it can lead to imprisonment of up to 10 years and a fine of up to ₹10 lakh.
Who Can Opt for Surrogacy in India?
Not everyone is eligible. The law currently allows surrogacy for:
- Indian married couples who have a proven medical need for surrogacy. The wife must be between 23 and 50 years old, and the husband between 26 and 55 years old.
- Indian widows or divorced women aged between 35 and 45 years.
The following are generally not eligible: foreign nationals, single men, unmarried couples, live-in partners, and same-sex couples. If you are an NRI or OCI card holder, speak to a lawyer first, as the rules for you need careful checking.
A couple who already have a living child, whether biological, adopted, or born through surrogacy, usually cannot opt for surrogacy. There is an exception if the child has a physical or mental disability or a life-threatening condition.
Who Can Be a Surrogate Mother?
The surrogate mother must meet these conditions:
- She must be a willing woman who has been married.
- She must be between 25 and 35 years old.
- She must have at least one child of her own.
- She can be a surrogate only once in her life.
- She must be medically and psychologically fit, with a certificate to prove it.
- She cannot provide her own egg for the pregnancy.
The intending couple must also arrange insurance cover for the surrogate mother for the period set by the Act.
Can Donor Eggs or Sperm Be Used?
This rule has changed more than once. After a 2023 amendment and a further amendment in 2024, donor eggs or donor sperm can be used only where a District Medical Board certifies that the intending woman or man has a medical condition that requires it. Even then, the child must be genetically related to at least one of the intending parents.
Step-by-Step Legal Process for Surrogacy in India
The process has several legal and medical steps. The usual order is:
- Medical need. A doctor must certify that you have a proven medical condition that makes surrogacy necessary.
- Certificate of medical indication from district board.
- Surrogate selection. You find a willing surrogate who meets all the conditions above.
- Court order. You and the surrogate apply to a Magistrate of the first class or above for an order on the parentage and custody of the child.
- Insurance. You buy the required insurance cover for the surrogate mother.
- Certificates. You apply to the Appropriate Authority for a certificate of essentiality and a certificate of eligibility.
- Registered clinic. The procedure can be done only at a surrogacy clinic registered under the Act.
- Birth and handover. After the child is born, the law treats the child as the biological child of the intending parents.
Missing any one of these steps can delay your case or cause rejection. Many families lose months because of incomplete documents.
Important Court Rulings You Should Know
Indian courts have been looking closely at the age limits in the law.
In October 2025, the Supreme Court held that the age limits do not apply to couples who had already frozen their embryos before the law came into force on 25 January 2022. The court also said that the right to make reproductive choices is part of personal liberty under Article 21 of the Constitution.
Other petitions on age limits and on who can opt for surrogacy have also come before the courts, including the Delhi High Court. If you are close to the age limit or your case does not fit the rules exactly, a lawyer can check whether a court remedy is available to you.
Common Mistakes Intending Parents Make
- Paying the surrogate money or gifts that can be seen as payment.
- Starting IVF or embryo transfer before getting the certificates and court order.
- Using a clinic that is not registered under the Act.
- Signing an informal agreement without legal advice.
- Relying on agents who promise “easy” surrogacy, which is often a sign of illegal commercial surrogacy.
- Getting the age calculation wrong, especially close to the upper age limit.
Why You Need a Surrogacy Lawyer Before You Begin
Surrogacy involves medical, legal, and emotional decisions all at once. A lawyer who knows this area can:
- Check whether you are eligible under the current law.
- Prepare and review the surrogacy agreement and consent documents.
- File the application for the parentage and custody order.
- Help you apply for the eligibility and essentiality certificates.
- Guide you if your application is rejected or your case falls outside the rules.
- Protect you and the surrogate mother from legal risk.
If you are planning surrogacy in the capital, Rajiv & Partners can guide you at every step. Learn more about our surrogacy lawyer in Delhi services, or contact our team for a confidential consultation about your case.
Frequently Asked Questions
Is surrogacy legal in India?
Yes, but only altruistic surrogacy is legal. Commercial surrogacy is banned and is punishable under the Surrogacy (Regulation) Act, 2021.
Can a single woman or single man opt for surrogacy in India?
A single man cannot. A single woman can do so only if she is a widow or divorced and is between 35 and 45 years old.
Can foreigners use a surrogate in India?
No. The Act allows surrogacy only for Indian intending couples and eligible Indian women. NRI and OCI cases should be checked with a lawyer.
Can the surrogate mother be paid?
No. She can receive only medical expenses and insurance cover. Any other payment can be treated as commercial surrogacy.
Is a court order required for surrogacy?
Yes. An order on parentage and custody from a Magistrate of the first class or above is one of the conditions for getting the eligibility certificate.
Who is the legal parent of a child born through surrogacy?
The law treats the child as the biological child of the intending parents.
How long does the surrogacy legal process take?
It depends on how quickly the certificates and the court order are issued and whether your documents are complete. Careful preparation at the start usually saves time.
Final Words
Surrogacy can be a beautiful path to parenthood, but only if it is done within the law. Understand the rules, get your documents ready, and get legal advice before you begin any medical procedure.
To discuss your situation with an experienced advocate, contact Rajiv & Partners today.
Disclaimer: This article is for general information only and is not legal advice. Surrogacy laws and court rulings change from time to time. Please consult a qualified lawyer about your specific case.
