Is Surrogacy Legal in India in 2026?

As per law Commercial Surrogacy is Prohibited in India, however Altruistic Surrogacy is permitted when intended parents satisfy the conditions for eligibility and follow the procedure as may be prescribed by the concerned State Government.

The distinction between these two arrangements is important.

Altruistic surrogacy in India

The term ‘altruistic surrogacy’ refers to a surrogacy arrangement whereby the surrogate mother is not paid any commercial amount by the intended parents for her act of carrying the pregnancy for their benefit.

The intended parents can also recover the surrogate mother’s permitted expenses as well as the premium payable for her insurance and other incidental expenses under the said law and rules.

Commercial surrogacy in India

Commercial surrogacy refers to paying a surrogate mother or any other person for a surrogacy arrangement by way of a fee, reward, remuneration, consideration, benefit or by way of monetary incentive whatsoever for such surrogacy arrangement.

No. This form of surrogacy has been banned by the law. Therefore, advertisements for guaranteed commercial surrogacy packages offered by agencies and clinics in India must be viewed with great caution.

Please note that while the cost of fertility treatment through surrogacy may be similar for altruistic and commercial arrangements, the nature of the arrangements and fees paid to surrogate mothers are very different.

What Medical Conditions Qualify for Surrogacy in India?

Also it is clarified that in India, surrogacy cannot be easily offered to a single man or couple who wants to avoid a pregnancy. The intending parents must have a medical indication for surrogacy.

Medical indications may include circumstances such as:

• A condition in which the uterus is absent or has been removed.
• Significant uterine abnormalities that prevent carrying a pregnancy.
• Repeated implantation failure or repeated pregnancy loss, where the applicable criteria are met.
• Medical conditions that make pregnancy impossible or medically contraindicated.
• Other qualifying conditions recognized under the applicable rules and official medical assessment.

The specific list of conditions and required documentation will be detailed in the rules and regulatory guidance to be issued. While a treating specialist’s opinion may be required, it is certification by the appropriate medical board which will form part of the process for surrogacy.

We would advise you to get a full fertility evaluation carried out and see if you would be eligible to enter into surrogacy before making any financial commitments to a clinic or starting any treatment.

Who Can Become a Surrogate Mother in India?

Criteria for Surrogate Mother: Section 25 of The Surrogacy (Regulation) Act, 2021.

Under the new law the surrogate mother:

• Be a willing woman who satisfies the prescribed eligibility conditions.
• Be of age between 25-35 years at the relevant stage as per rules.
• Have been married and have a child of her own.
• Meet the applicable medical and psychological fitness requirements.
• She shall not act as a surrogate mother more than once in her life.
• No use of the surrogate’s own eggs and gametes for the purpose of the Surrogacy arrangement.
• Not provide her own egg or gametes for the surrogacy procedure.

The surrogate should be treated with dignity and respect throughout the process and her health, safety and rights should be ensured.

The Statute does not make it mandatory for the surrogate mother to be a relative of the parties. However, all other provisions of the law and the rules shall apply.

Is Commercial Surrogacy Banned in India?

Yes. Commercial surrogacy is prohibited under Indian law.

These laws intend to prevent exploitation of women, prevent trafficking and keep them from being pressured into pregnancy for compensation.

It is essential to note that permissible expense and insurance for the surrogate are not the same as permitting a commercial fee for her services. The payment can only be in line with the definition of altruistic surrogacy and the rules.

It is advisable for intended parents to seek a detailed explanation from the clinic in writing regarding the expenses, insurance, medical care and all documentation that will be required prior to entering into a surrogacy agreement.

An agreement which promises a certain sum to a surrogate mother or assures her a child for a particular commercial offer is prohibited under the Act.

Are Donor Eggs or Donor Sperm Allowed in Surrogacy in India?

Use of Donor Eggs or Sperm by Intended Parents in Surrogacy in India – Legal Restrictions.

By law, the intended parents must use their own gametes for surrogacy arrangements, with certain exceptions as permitted by the amended rules. These amendments permit use of donor gametes in particular medical circumstances where a District Medical Board issues a certificate to this effect.

Donor eggs/Sperm are not automatically allowed in all cases of Surrogacy in India. There are conditions and formalities which need to be completed before an embryo is formed and transferred to the womb of the Surrogate Mother.

Intended parents should confirm with the relevant authority and fertility specialist the following regarding the gametes used to form the embryo for transfer:

• Whether their medical circumstances qualify for a permitted donor-gamete exception.
• Which medical board certification is required.
• Whether your proposed approach for creating and transferring an embryo to the uterus of the Surrogate(s) would be in compliance with the current Rules.
• What consent forms and supporting records are required to be filed?

Many of the notifications issued in the past have been amended, thus it is requested that the intended parents verify the current information on the official government web pages as against the information available on the clinics’ web sites.

What Is the Legal Process for Surrogacy in India?

Surrogacy procedures in India are to be carried out in a specific manner under the Act and in treatment centers which are registered under the Surrogacy (Regulation) Act. The process involves medical assessment, certification, documentation etc.

Step 1: Medical consultation

Intended Parents Consult with a Fertility Specialist – Intended parents go to a doctor for a medical assessment to confirm their infertility and explore all reproductive options.

Step 2: Medical-board assessment

The relevant medical board shall assess the Donor’s qualifying condition and issue the required certification, where the Donor meets the legal criteria for being a permitted donor under the Act.

Step 3: Eligibility and essential certificates

Eligibility certificate issued by the appropriate medical board as required under the Act; Essentiality certificate issued by the appropriate authority as required under the Act; Other certificates and documentation as required under the Act and the Rules.

Step 4: Select a registered surrogacy clinic

All Surrogacy has to be undertaken through a registered clinic. Please check whether the proposed clinic is registered to provide the services of Surrogacy under the respective laws as mentioned hereinabove and ART Regulations.

Step 5: Surrogate screening and informed consent

The proposed surrogate is required to go through various medical tests and to be counseled. The Intended Parent/s must ensure that the proposed surrogate has given her informed consent to act as a surrogate for them.

Step 6: Insurance and legal documentation

Also intended parents have to arrange for insurance as required by the current rules and verify the scope of coverage, the exemptions and the duration of coverage.

Step 7: IVF and embryo transfer

After approval, from the intended parents and surrogate mother, the clinic proceeds with the infertility treatment.

Step 8: Pregnancy care and birth

Surrogate’s pregnancy to be looked after by the Clinics and birth of child to take place in the country and other formalities to be completed as per the Act and Rules.

Surrogate’s pregnancy to be looked after by the Clinics and birth of child to take place in the country and other formalities to be completed as per the Act and Rules.

What Documents Are Required for Surrogacy in India?

These documents may vary from case to case and would depend on the circumstances of the intended parents. Following are some of the typical documents required:

• Identity and address documents for the intended parents.
• Marriage certificate, where applicable.
• Medical reports and fertility assessments.
• Certification of the qualifying medical indication.
• Prescribed eligibility and essentiality certificates.
• Surrogate mother’s identity, medical fitness, and consent documentation.
• Insurance documentation.
• Clinic registration and treatment records.
• Other declarations, undertakings, and legal documents required by the appropriate authority.

The above list is not exhaustive. In fact, applicants would be required to refer to the current forms and requirements that are notified by the State/UTs.

What Happens If Someone Violates Surrogacy Laws in India?

The said Act lays down heavy penalties for contravening the provisions relating to Prohibited Activities and Commercialization of Surrogacy. The Said provisions carry penalty in terms of Imprisonment or fine or both.

The said Act lays down heavy penalties for contravening the provisions relating to Prohibited Activities and Commercialization of Surrogacy. The Said provisions carry penalty in terms of Imprisonment or fine or both.

Therefore, it would be wiser to seek legal advice from a competent lawyer and get in touch with the appropriate authority as opposed to relying on informal assurances from a clinic, its agent or in respect of any arrangement.

Can Foreigners or NRIs Pursue Surrogacy in India?

Foreign nationals must not assume that they can go for Surrogacy in India just because Indian fertility clinics are offering treatment for surrogacy.

Also note that there are certain restrictions that have been imposed by the Act and Rules on NRIs and other overseas Indian citizens also intending to have a child through surrogacy in India.

The FAQs to the Bill also mention the eligibility criteria for NRIs and other overseas Indian citizens to have a child through surrogacy in India and the other provisions of the Act and Rules that would be applicable to them.

However, more importantly, as with any journey to having a child, there are a host of other issues relating to immigration, the child’s citizenship, parentage, travel etc., especially if the intended parents or child hold a passport of another country.

Foreign intending parents must obtain current legal advice both from within India and from the country to which they intend to travel.

How to Check Whether a Surrogacy Clinic Is Legally Registered to carry out surrogacy in India?

As already mentioned above choosing a compliant clinic is the first crucial step for intended parents in India.

Before you pay any amount towards their services or start your treatment at their clinic, please ensure that they are meeting the following criteria.

1. Check the clinic’s registration under the relevant legislation regarding surrogacy and ART.
2. They must obtain a written document detailing the legal eligibility requirements of the proposed clinic and the treatment to be provided by the medical board of the clinic.
3. Will the medical-board of the clinic obtain all required approvals?
4. A client should understand what exactly s/he is paying for – treatment, specific medications that may be required, the insurance that s/he is going to purchase for the surrogate mother’s health and other permissible expenses under law.
5. How does the clinic take informed consent from the surrogates and what do they do with all the medical records of the women and the children?
6. Short change payment on promises of guaranteed pregnancy or guaranteed birth. Give them a fast track to citizenship.

Link to The National ART & Surrogacy Portal for latest information on laws, notifications, registries and authorities.