Surrogacy in India: How it works and what you need to know?
Surrogacy in India is governed by the Surrogacy (Regulation) Act of 2021. This article aims at providing a simple guide to legal, safe and affordable surrogacy procedure for intending couples.
Is surrogacy legal for you?
Who is allowed to opt for surrogacy?
- Married Indian heterosexual couples, with the following criteria
- Age: wife between 23-50 and husband between 26-55 on the day of issuance of eligibility certificate
- Must produce a District Medical Board Certificate that either partner has a medical condition necessitating gestational surrogacy.
- Must have no living child including adopted or through an earlier surrogacy procedure, except when the child has severe disability or life-threatening disease.
- Single women who are:
- Either widowed or divorced
- Between the age of 35-45 years
- Same medical condition and child requirements as above
Who is not allowed for surrogacy in India
- Foreign nationals and tourists
- Same-sex couples, live-in partners, unmarried couples
- Single men
- Married couples with a healthy living child (unless the child is severely disabled or terminally ill)
- Anyone seeking commercial surrogacy, sex selection or embryo/gamete importation
- OCI/PIO card-holders who are not Indian citizens – the Act is silent; until clarified, most State authorities treat them as foreigners and refuse certificates.
What are the other eligibility considerations
- Altruistic only: any monetary reward for the surrogate mother is a criminal offence. The surrogate can receive only the medical costs and insurance cover.
- Certificate chain: District Medical Board ➔Magistrate’s parentage order ➔ Appropriate Authority’s Certificate of Essentiality (medical indication + 36-month insurance for surrogate) and Certificate of Eligibility (age-plus-no-child test)
- Surrogate’s eligibility: ever-married Indian woman, one live birth, 25-35 yrs, can be a surrogate only once, and may not contribute her own gametes.
How does the surrogacy journey in India look like?
Stage | What happens | Indicative timing |
1. Eligibility & first consult | Couple/woman confirms age-band, marital status and “no living child” rule with a registered clinic; initial counselling | 1 – 2 weeks |
2.Surrogate search & match | Clinic screens candidate against Act criteria (25-35 yrs, ever-married, one live child, surrogacy only once) and does psych check | 1 – 3 months |
3. Medical board clearance | District Medical Board issues infertility / medical-indication certificate; full health work-ups for all parties | 2 – 4 weeks |
4. Legal & insurance formalities | • Buy 36-month surrogate insurance policy • Draft tripartite contract • Secure Magistrate parentage order and Appropriate Authority’s Certificates of Essentiality & Eligibility |
2 – 6 weeks (often parallel with Stage 3) |
5. IVF cycle & embryo transfer | Hormonal prep, egg retrieval, fertilisation, single-embryo transfer to surrogate | 4 – 8 weeks |
6. Pregnancy confirmation | β-hCG / ultrasound to establish clinical pregnancy | 2 – 3 weeks post-transfer |
7. Gestation monitoring | Regular obstetric checks; insurance covers any complications throughout pregnancy | ≈ 9 months |
8. Birth & hand-over | Delivery in a registered facility; birth certificate issued in parents’ names; baby discharged to intending parents | 1 – 2 weeks after delivery |
What are the costs associated with surrogacy?
Surrogacy costs in India
The average estimated cost of surrogacy in India is between INR 15 lakhs to INR 20 lakhs. Factors affecting the cost include:
- The IVF center, its location and credibility
- Need of a donor
- Surrogate’s Medical Conditions
- Number of implant cycles fails
- Legal complications
- Multiple births during and the time of birth
Role of mandatory insurance
Insurance plays a pivotal role in upholding the sanctity of the Surrogacy Act and keeping the surrogacy practice in India truly altruistic. It ensures that all health expenses are taken care of by the insurer which in turn ensures just and fair prices.
Under the Surrogacy Act, intending parents must purchase a 36-month health insurance policy covering the surrogate’s pregnancy, delivery and three-year postpartum window. The cover reimburses all obstetric complications and emergency surgeries, ensuring uninterrupted care while capping parental liability and preventing illicit cash payments disguised as medical support or compensation.
What are the key risks associated with Surrogacy?
Risk category | Description | Mitigation |
Medical | Complications – preeclampsia, GDM, preterm birth, C-section | Screening, single-embryo transfer, mandatory 36-month insurance |
Legal / Compliance | Missing certificates, unregistered clinic, illegal payments | Follow 3-step paperwork, use registered centres |
Financial | Extra IVF cycles, NICU bills, court delays | Itemised quote, 20% buffer, multi-cycle packages, mandatory insurance |
Psychological | Surrogate burnout, intended-parent anxiety | Mandatory psych evaluation, counselling, support groups |
Other Key considerations under India’s Surrogacy (Regulation) Act 2021
- Altruistic-only rule & penalties – Commercial surrogacy is a criminal offence; violations can draw up to ₹10 lakh fine and 10 years’ imprisonment.
- Sex-selection & embryo caps – Any form of sex selection or import / sale of embryos is banned; Rules advise single-embryo transfer (max 3 in rare cases).
- Surrogate’s consent rights– Written informed consent is mandatory; she may withdraw before embryo implantation and any later abortion needs her consent plus authority nod under the MTP Act.
- Genetic-link safeguard– Embryo must use at least one gamete from the intending couple; surrogate’s own gametes are barred.
- Parentage guarantee– Child is deemed the biological child of the intending couple/woman from birth, enjoying full legal rights.
Why SafeTree?
SafeTree is a leader in IVF related-insurance products in India, having insured over 1000+ surrogate mothers and partnered with more than 600 IVF Clinics and ART Banks nationwide. It is the only insurance intermediary offering fully-compliant health and life insurance products for Oocyte Donors and Surrogate Mothers. SafeTree offers meticulously designed products as well as a dedicated claim support which has helped us win trust of our partners and accolades and awards from both insurance and IVF industry bodies.
So, if you are planning to start your surrogacy journey, SafeTree is your go-to partner. Contact us now at vikas.kumar@safetree.in.
Disclaimer
For general information only; not legal or medical advice.