Is Surrogacy Legal in India? Laws, Eligibility and Insurance Requirements Explained

Introduction

For many, the dream of parenthood remains unfulfilled through natural conception, making surrogacy a beacon of hope. With the refinement of advanced fertility treatments like IVF and ICSI, surrogacy has transitioned from a niche medical procedure to a structured legal pathway for building a family. However, because it involves complex medical, ethical, and social considerations, it is one of the most strictly regulated sectors in Indian law.

As of 2026, surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, and the ART (Assisted Reproductive Technology) Act, 2021. These regulations were put in place to curb the “commercialisation of motherhood”, safeguarding the rights of surrogate mothers, intended parents, and the children born from these arrangements. Whether you’re just starting to consider surrogacy or are prepared to move forward, grasping the legal landscape is a crucial first step. This guide explains the current status of surrogacy in India, who is eligible under the latest 2024–2026 amendments, and the mandatory insurance requirements you must fulfil to remain compliant.

What exactly is surrogacy?

Under Indian law, surrogacy involves a reproductive agreement. A woman, the surrogate mother, consents to gestate and deliver a child for another person or couple, who are the intended parents.

The journey typically follows these three core parameters:

1. Gestational Method: Most modern arrangements use in vitro fertilisation (IVF). An embryo, created in a lab using the intended parents’ (or authorised donors) genetic material, is transferred to the surrogate’s uterus.
2. No Genetic Link: In this process, the surrogate mother acts as a gestational carrier and has no biological relationship to the child.
3. Legal Intent: From the outset, a legal contract ensures that the intended parents are the rightful and legal parents of the child immediately upon birth.

Is Surrogacy Legal in India?

Yes, surrogacy is permitted in India, but it’s tightly controlled, with some of the strictest rules in the world. The Indian government enacted the Surrogacy (Regulation) Act in 2021 to address concerns about unethical practices and the possible “commercialisation of motherhood”. This law is designed to promote ethical surrogacy, protecting the interests of the surrogate mother, the intended parents, and the child.

The Shift to Altruistic Surrogacy

The most significant aspect of Indian law is the absolute ban on commercial surrogacy. Under current regulations, only altruistic surrogacy is permitted.

• Altruistic Surrogacy: This means the surrogate mother cannot receive any financial compensation, reward, or fee for carrying the pregnancy.
• Permitted Expenses: The intended parents are only responsible for the surrogate’s actual medical expenses, specialised nutritional requirements, and legally mandated insurance coverage.
• Prohibition of Commercialism: Any arrangement where a surrogate is paid a “fee” or where agencies profit from matching surrogates is strictly prohibited and carries heavy legal penalties.

Key Provisions of the Surrogacy (Regulation) Act, 2021

The Act establishes a rigorous framework to ensure transparency and safety. The following are the pillars of surrogacy law in India:

1. Ban on Commercial Surrogacy: The law explicitly prohibits the sale, purchase, or marketing of surrogacy services to prevent the exploitation of vulnerable women.

2. Mandatory Clinic Registration: Surrogacy procedures can only be conducted at fertility clinics that are specifically registered and authorised by the government under the ART (Assisted Reproductive Technology) Act.

3. Regulatory Oversight: The National Surrogacy Board (NSB) and State Surrogacy Boards (SSB) have been established to monitor clinics, set standards of conduct, and investigate any platform or individual violating the Act.

4. Compulsory Insurance Coverage: A vital legal requirement is that intended parents must provide comprehensive medical insurance for the surrogate mother. As per recent guidelines, this coverage must last for a minimum of 36 months to ensure her long-term health is protected.

5. Certificate of Essentiality: Before beginning the process, intended parents must obtain a “Certificate of Essentiality” from the appropriate government authority, proving their medical need for surrogacy.

Eligibility Criteria: Who Can Opt for Surrogacy in India?

Surrogacy in India is treated as a need-based solution rather than a choice-based option. The law ensures that it is used only in cases where individuals or couples face genuine medical challenges that prevent natural conception or safe pregnancy.

1. For Couples Considering Parenthood

Couples hoping to take this step need to fulfil a few legal stipulations. Both partners must be Indian citizens, either by birth or through NRIs and OCI cardholder status. The woman should be aged between 23 and 50, and the man between 26 and 55, at the time of the certification. A certificate of essentiality from a district medical board is a crucial requirement.

This document verifies a medical condition that either precludes pregnancy or poses significant risks. Examples include the absence of a uterus, unsuccessful IVF attempts, or enduring health issues. Furthermore, the couple must not have any living biological, adopted, or surrogate children. An exception exists if a current child has a life-threatening illness or severe disability, as confirmed by a medical board. The 2024 revision of the law permits the use of a single donor gamete if a medical condition prevents one partner from providing genetic material, provided the child is genetically linked to at least one parent.

2. Regarding Single Women (Intending Woman)

The law permits surrogacy for a specific group of single women. Only widowed or divorced Indian women are eligible, while unmarried single women and single men are currently excluded. The eligible age range is between 35 and 45 years. In such cases, the woman must use her own eggs along with donor sperm, as the use of donor eggs is not permitted for single mothers under the current legal framework.

Eligibility Criteria for the Surrogate Mother

Under the Surrogacy (Regulation) Act, 2021, the criteria for becoming a surrogate are designed to prioritise the woman’s health and ensure she is not being exploited. A surrogate mother must meet the following statutory requirements:

• Age and Marital Status: She must be a married woman between the ages of 25 and 35 years at the time of embryo implantation.
• Proof of Motherhood: She must have at least one biological child of her own. This ensures she understands the physical and emotional complexities of pregnancy and childbirth.
• The “One-Time” Rule: To prevent surrogacy from becoming a recurring source of income (commercialisation), a woman can act as a surrogate mother only once in her lifetime.
• Genetic Independence: In accordance with Indian law, the surrogate mother cannot use her own eggs. She acts strictly as a “gestational carrier”, meaning the child has no genetic link to her.
• Medical and Psychological Readiness: A certificate of fitness from a licensed medical professional is required, verifying her physical and mental preparedness for the trip. The “Willing Woman” provision, which initially specified a “close relative”, has been subject to recent legal interpretations (2024–2026). These interpretations now permit any “willing woman” who satisfies the stipulated conditions to serve as a surrogate, contingent upon the arrangement being exclusively altruistic in nature.

Key Restrictions Under Indian Surrogacy Law

The primary purpose of designing the Surrogacy (Regulation) Act, 2021, is to act as a protective shield to prevent the exploitation of women and the commodification of children. To ensure the process remains purely ethical, the following restrictions are strictly enforced:

• Total Ban on Commercial Surrogacy: Any arrangement involving the payment of a “fee”, “reward”, or “remuneration” to the surrogate mother beyond medical expenses and insurance is a criminal offence. India only recognises altruistic surrogacy.
• Restriction on Foreign Nationals: Surrogacy is currently reserved for Indian citizens (including NRIs and OCI cardholders). Foreign nationals are generally prohibited from opting for surrogacy in India to prevent the country from becoming a hub for “fertility tourism”.
• Prohibition of Advertising: It is illegal to advertise, promote, or market surrogacy services. This includes agencies claiming to “provide” surrogates for a fee or clinics offering “guaranteed” surrogacy packages. Surrogacy procedures are strictly regulated. They can’t take place in just any setting. Specifically, local nursing homes are off-limits. Instead, these procedures must be carried out solely within accredited surrogacy clinics. These clinics are subject to regular audits and must be approved by both national and state surrogacy boards.
• The law is clear: Selling or buying human embryos or gametes for surrogacy is off-limits. Though donor gametes are allowed in certain medical situations for couples, any such arrangements must strictly adhere to the non-commercial guidelines outlined in the ART (Assisted Reproductive Technology) Act.
• Abandonment laws are clear: Intended parents who abandon a child born through surrogacy, regardless of the reason, whether it’s due to genetic defects, health problems, or a change of heart, are guilty of a non-bailable offence.

Conclusion

Surrogacy in India has experienced considerable evolution, evolving into a process characterised by robust regulation and ethical considerations, thereby offering couples a substantial avenue for family formation. The 2021 Surrogacy (Regulation) Act, by mandating altruistic arrangements and establishing strict eligibility criteria for intended parents and surrogates alike, has implemented a series of robust regulations; consequently, these legal provisions function as crucial safeguards for all parties concerned. A smooth process hinges on strict adherence to legal and medical standards. Obtaining the necessary Certificates of Essentiality and ensuring the surrogate mother is covered by the mandated 36-month health insurance plan are merely the starting points; every step demands compliance with the latest regulatory requirements.

By prioritising these legal and medical safeguards, intended parents can move forward with the clarity and confidence this life-changing decision deserves. Platforms like Safetree serve as a helpful resource in this process, providing the necessary guidance on IRDAI-compliant insurance plans that meet India’s specific legal requirements, ensuring that the health of the surrogate and the peace of mind of the family remain the top priority.

 

 

Disclaimer :This blog is prepared for general informational and educational purposes only. The information provided here should not be considered a substitute for professional medical advice, diagnosis, or treatment. Before making any decisions related to health conditions, symptoms, or treatments, readers are advised to consult a qualified healthcare professional.

The information related to insurance is provided for general guidance only. Before choosing any insurance policy, readers should consult our insurance experts to receive detailed advice based on their individual needs and requirements.

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