Surrogacy in India — Updated Laws, Process, and What’s Changed
India was once the world’s surrogacy capital — affordable, accessible, and largely unregulated. That era ended decisively. The Surrogacy (Regulation) Act 2021 and subsequent amendments fundamentally changed who can access surrogacy, on what terms, and at what cost. This guide reflects the current legal reality.
The Current Law — Key Points
Commercial surrogacy is banned. No payment to the surrogate beyond medical expenses and insurance — the transactional model that drove India’s surrogacy industry is explicitly illegal. Clinics facilitating commercial arrangements face criminal penalties.
Only altruistic surrogacy is permitted. The surrogate must be a “close relative” of the intending couple — the definition has been debated and subject to regulatory clarification, but the intent is to restrict surrogacy to family-based arrangements rather than commercial ones.
Who can commission surrogacy:
- Indian married couples (married at least 5 years) where the wife is medically unable to carry a pregnancy — evidenced by a certificate from a registered ART clinic.
- The intending mother must be 25–50 years old; the intending father 26–55.
- The couple must not have a surviving biological child (exceptions for children with disability).
- Single women who are Indian citizens (widowed or divorced, 35–45) — added by amendment.
Who cannot: unmarried couples, live-in partners, single men, same-sex couples, and foreign nationals (including NRIs who are foreign citizens). OCI cardholders are also excluded.
The surrogate must: be married with at least one child of her own, be 25–35 years old, and can be a surrogate only once in her lifetime. She must provide written informed consent.
The Process Under Current Law
- Medical certification: a registered ART clinic certifies that the intending mother cannot carry a pregnancy (medical necessity).
- Identifying a surrogate: a close relative willing to carry altruistically. This is the step most couples find hardest — the pool of eligible willing relatives is naturally small.
- Registration: the arrangement is registered with the appropriate authority. Both parties undergo counselling and legal documentation.
- IVF cycle: embryos are created using the couple’s gametes (or donor eggs/sperm as legally permitted) and transferred to the surrogate. The ART clinic handles the medical process.
- Legal parentage: the intending couple are the legal parents from birth — the surrogate has no parental rights or obligations over the child.
What This Means in Practice
The shift from commercial to altruistic surrogacy dramatically reduced access. The number of surrogacy arrangements in India has fallen sharply since the law took effect — the “close relative” requirement eliminates most intended parents who previously relied on compensated surrogates found through agencies. For couples with a willing eligible relative, the process works under a regulated, protective framework. For those without, options are limited to international surrogacy in jurisdictions that permit it (some US states, certain other countries), which is expensive and legally complex.
Cost Under the Current Model
Without commercial surrogate compensation, the direct costs are IVF medical costs (₹2–3 lakh for the cycle), the surrogate’s medical and insurance expenses during pregnancy (₹1–3 lakh depending on complications), and legal/registration fees. Total: roughly ₹4–8 lakh — significantly less than the pre-ban era where surrogate compensation alone could reach ₹5–10 lakh. But the limiting factor is now availability of an eligible surrogate, not cost.
Honest Assessment
The 2021 Act prioritised surrogate protection and eliminated exploitation — goals most stakeholders support. The practical consequence is that surrogacy is now inaccessible to many couples who medically need it but don’t have an eligible relative willing to carry. Legislative refinement may widen access over time, but for now, the law is what it is.
If you’re considering surrogacy, the starting point is a medical certification from your fertility clinic and a frank conversation about whether an eligible surrogate exists within your family. If not, your clinic can discuss international options and their legal implications. Pregology can help navigate this conversation — it’s sensitive, complex, and best started with professional guidance.