Surrogacy Law in India
Key Takeaways
- Surrogacy is legal in India, but only under the conditions prescribed by the Surrogacy (Regulation) Act, 2021 and the applicable rules. The law permits altruistic surrogacy while prohibiting commercial surrogacy.
- Married couples can opt for surrogacy if they satisfy the medical and legal requirements. The prescribed age limits are 23–50 years for women and 26–55 years for men, subject to applicable judicial exceptions.
- Single women can opt for surrogacy only in limited circumstances. The Act recognises an Indian widow or divorcee aged 35–45 years. Single unmarried men are not eligible under the statutory framework.
- A surrogate mother must be an ever-married woman aged 25–35 years who has a child of her own. She must voluntarily consent, satisfy medical requirements and cannot act as a surrogate mother more than once.
- Commercial surrogacy is prohibited in India. Paying a surrogate mother beyond legally permitted medical expenses, prescribed expenses and insurance coverage may constitute commercial surrogacy.
- Children born through surrogacy have legal rights. Under Section 8 of the Act, a child born through surrogacy is treated as the biological child of the intending couple or intending woman and receives the rights available to a natural child.
- Surrogacy laws have undergone important changes. The 2024 amendment permits donor gametes in specified circumstances, while the 2026 amendment addresses registration renewal procedures for surrogacy clinics.
Contents
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What Is Surrogacy?
Surrogacy is a reproductive arrangement in which a woman carries and gives birth to a child on behalf of another person or couple.
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The woman carrying the pregnancy is known as the surrogate mother, while the persons intending to become parents are called the intending couple or intending woman.
Section 2(1)(zd) of the Surrogacy (Regulation) Act, 2021 defines surrogacy as a practice in which a woman bears and delivers a child for an intending couple, intending to hand over the child after birth.
Surrogacy is generally considered when a woman cannot safely carry a pregnancy due to medical conditions or other legally recognised circumstances.
In India, surrogacy is not treated merely as a private agreement between individuals. It is a regulated medical procedure involving eligibility requirements, informed consent, medical certification and government supervision.
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Is Surrogacy Legal in India?
Yes, surrogacy is legal in India under the Surrogacy (Regulation) Act, 2021. However, the law permits only altruistic gestational surrogacy, subject to prescribed conditions.
The Act received presidential assent on 25 December 2021 and came into force on 25 January 2022.
Before this legislation, India had developed a substantial surrogacy industry. Commercial arrangements raised concerns regarding the exploitation of economically vulnerable women, unethical medical practices and disputes concerning the rights of children born through surrogacy.
These concerns also influenced the legislative debate surrounding the Surrogacy (Regulation) Bill, 2019, which preceded the enactment of the 2021 legislation.
The 2021 Act introduced a comprehensive regulatory framework to address these concerns.
Laws Governing Surrogacy in India
The principal laws and rules include:
- Surrogacy (Regulation) Act, 2021: Establishes the legal conditions for surrogacy, eligibility criteria, rights of surrogate mothers and children, regulation of clinics and penalties for violations.
- Surrogacy (Regulation) Rules, 2022: Prescribes procedural requirements, medical conditions, insurance coverage, consent forms and registration requirements.
- Surrogacy (Regulation) Amendment Rules, 2024: Modifies the requirements concerning the use of donor eggs and sperm in certain surrogacy arrangements.
- Surrogacy (Regulation) Amendment Rules, 2026: Introduces provisions governing the payment and utilisation of clinic registration fees and renewal of registration certificates.
- Assisted Reproductive Technology (Regulation) Act, 2021: Regulates assisted reproductive technology clinics and banks, including services associated with reproductive procedures.
These laws operate together to regulate medical practices, protect reproductive rights and prevent exploitation.
Types of Surrogacy in India
Surrogacy may be classified according to the nature of the arrangement and the genetic relationship between the surrogate mother and the child.
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Altruistic Surrogacy
Altruistic surrogacy is an arrangement in which the surrogate mother does not receive commercial remuneration for carrying the child.
Section 2(1)(b) of the Act permits payment of medical expenses, other prescribed expenses incurred on the surrogate mother and insurance coverage.
The purpose is to allow surrogacy without turning pregnancy into a commercial service.
Altruistic surrogacy is the only form of surrogacy permitted under Indian law.
Commercial Surrogacy
Commercial surrogacy involves monetary compensation, rewards or financial benefits beyond the expenses permitted by law.
It may include payments to the surrogate mother or intermediaries for arranging a pregnancy.
Under Section 2(1)(g), commercial surrogacy includes commercialisation of surrogacy services and trading in embryos, gametes or surrogate motherhood services.
Commercial surrogacy is prohibited because of concerns relating to exploitation, trafficking and unethical medical practices.
Gestational Surrogacy
Gestational surrogacy involves transferring an embryo into the uterus of a surrogate mother who has no genetic relationship with the child.
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The embryo is created using reproductive technology, subject to the applicable legal requirements regarding gametes.
Indian law permits gestational surrogacy where the statutory conditions are fulfilled.
Traditional Surrogacy
Traditional surrogacy involves using the surrogate mother’s own egg.
Consequently, the surrogate mother has a genetic relationship with the child.
This arrangement is not permitted under the Surrogacy (Regulation) Act, 2021 because Section 4 prohibits a surrogate mother from providing her own gametes.
Who Is Eligible for Surrogacy in India?
Section 4 of the Surrogacy (Regulation) Act, 2021 establishes eligibility requirements for intending couples and surrogate mothers.
Eligibility of Married Couples
A married couple seeking surrogacy must satisfy several conditions.
- Age requirements: The intending woman must be aged 23–50 years, while the intending man must be aged 26–55 years on the date of certification.
- Medical necessity: There must be a medical indication necessitating gestational surrogacy, certified by the District Medical Board.
- Existing children: The couple must ordinarily have no surviving biological, adopted or surrogate child. A limited exception applies where an existing child has specified disabilities or serious medical conditions recognised under the Act.
- Required certificates: The couple must obtain the prescribed certificate of essentiality and certificate of eligibility before proceeding.
These conditions restrict access to surrogacy and ensure that arrangements are undertaken within the statutory framework.
Can a Single Woman Opt for Surrogacy in India?
A single woman may opt for surrogacy only if she falls within the definition of an intending woman under Section 2(1)(s).
The provision recognises an Indian woman who is a widow or divorcee aged between 35 and 45 years.
An unmarried woman who has never been married is not included within this statutory category.
Eligible intending women must also satisfy the applicable medical, certification and procedural requirements.
Can a Single Man Opt for Surrogacy in India?
No. The Surrogacy (Regulation) Act, 2021 does not provide eligibility for a single man to become a parent through surrogacy.
The statutory categories primarily cover eligible married intending couples and specified widowed or divorced Indian women.
Consequently, single unmarried men do not have access to surrogacy under the ordinary provisions of the Act.
Can Foreigners Opt for Surrogacy in India?
Foreign nationals are not generally eligible to access surrogacy services in India.
The Act is framed around specified Indian eligibility requirements, although Section 4 also refers to couples of Indian origin and provides a certificate-of-recommendation mechanism.
Eligibility involving non-resident Indians, Overseas Citizens of India or couples of Indian origin must therefore be assessed under the applicable statutory provisions, rules and official certification requirements.
Foreign nationality alone does not create an entitlement to surrogacy in India.
Who Can Become a Surrogate Mother in India?
Section 4(iii)(b) prescribes the eligibility conditions for surrogate mothers.
A surrogate mother must satisfy the following requirements:
- Age: She must be between 25 and 35 years on the day of embryo implantation.
- Marital history: She must be an ever-married woman, meaning a woman who has been married at some point.
- Existing child: She must have a child of her own.
- Voluntary participation: She must willingly agree to undergo the surrogacy procedure.
- Medical fitness: She must obtain the prescribed certificate confirming medical and psychological fitness.
- Genetic restriction: She cannot provide her own egg or gametes for the surrogacy arrangement.
- Lifetime restriction: She cannot act as a surrogate mother more than once during her lifetime.
The intending couple or intending woman must approach the appropriate authority with a willing woman who satisfies these conditions.
The Act does not require every surrogate mother to be a close relative of the intending parents.
What Is the Legal Procedure for Surrogacy in India?
Surrogacy requires compliance with medical, administrative and judicial procedures.
Step 1: Medical Assessment
The intending couple or woman must establish a medical condition necessitating gestational surrogacy.
Rule 14 of the Surrogacy (Regulation) Rules, 2022 identifies medical circumstances, including absence or abnormality of the uterus, repeated implantation failure, repeated pregnancy losses and illnesses that make carrying a pregnancy impossible or life-threatening.
Step 2: Certificate of Essentiality
The appropriate authority issues a certificate of essentiality after verifying the prescribed conditions.
Important requirements include:
- A medical indication certificate issued by the District Medical Board.
- An order concerning the parentage and custody of the proposed child from a Magistrate of the First Class or above.
- Insurance coverage for the surrogate mother for 36 months, including coverage for complications arising after delivery.
The certification process establishes that the proposed arrangement meets the legal conditions.
Step 3: Certificate of Eligibility
The intending couple must obtain the prescribed eligibility certificate.
The surrogate mother must also receive a separate eligibility certificate confirming compliance with the statutory requirements.
Step 4: Written Consent
The surrogate mother must provide informed written consent after receiving an explanation of the known medical risks and consequences.
The consent must be obtained in a language she understands.
Step 5: Procedure at a Registered Clinic
The medical procedure must be conducted at a clinic registered under the Act.
Registered clinics must follow prescribed medical standards, maintain records and comply with the restrictions concerning embryos, consent and reproductive procedures.
Can Donor Eggs or Sperm Be Used in Surrogacy?
Donor gametes may be used in specified circumstances under the Surrogacy (Regulation) Amendment Rules, 2024.
The amendment, notified on 21 February 2024, modified Form 2 of the Surrogacy (Regulation) Rules, 2022.
Donor Gametes for Married Couples
The general requirement is that both gametes must come from the intending couple.
However, where the District Medical Board certifies that either spouse has a medical condition necessitating a donor gamete, the use of a donor egg or donor sperm may be permitted.
At least one gamete must come from the intending couple.
Donor Gametes for Single Women
An eligible intending woman who is a widow or divorcee must use her own eggs and donor sperm under the amended rules.
These conditions are significant because they determine when third-party genetic material may lawfully be used in a surrogacy arrangement.
Rights of Surrogate Mothers Under Indian Law
The Surrogacy (Regulation) Act, 2021 recognises several protections for surrogate mothers.
Right to Informed Consent
Section 6 requires the surrogate mother’s written informed consent before undertaking surrogacy procedures.
All known side effects and consequences must be explained.
She also has the right to withdraw her consent before implantation of the embryo.
Right to Medical Protection and Insurance
The intending couple or intending woman must arrange insurance coverage for 36 months.
The insurance must address complications arising from pregnancy and delivery, including postpartum complications.
Protection Against Forced Abortion
Section 10 prohibits forcing a surrogate mother to undergo an abortion except in the legally prescribed circumstances.
Section 3 also requires written consent and appropriate authorisation, subject to the Medical Termination of Pregnancy Act, 1971.
The reproductive autonomy and medical safety of the surrogate mother remain important considerations.
Protection Against Exploitation
The Act prohibits commercial arrangements, coercion, unlawful recruitment and exploitation of surrogate mothers.
It also prohibits advertisements seeking to induce women to become surrogate mothers and commercial agencies arranging prohibited surrogacy services.
These protections aim to prevent economic and social vulnerability from being used to facilitate unlawful reproductive arrangements.
Rights of Children Born Through Surrogacy
The legal status of a child born through surrogacy is expressly protected.
Who Are the Legal Parents of a Child Born Through Surrogacy?
Section 8 provides that a child born through surrogacy is deemed to be the biological child of the intending couple or intending woman.
The child is entitled to the rights and privileges available to a natural child under applicable law.
This provision establishes legal parentage and protects the child’s position within the family.
Can Intending Parents Refuse to Accept a Child?
No. Section 7 prohibits intending parents from abandoning a child born through surrogacy.
Abandonment is prohibited even where the child has:
- A genetic defect or congenital disability.
- A serious medical condition.
- A particular sex that the intending parents did not expect.
- A disability developing after birth.
- Been born as part of a multiple pregnancy.
The prohibition applies whether the abandonment occurs in India or outside India.
The central principle is that a child’s legal rights cannot be denied because of medical conditions or the circumstances of birth.
Regulation of Surrogacy Clinics in India
Sections 11–14 govern the registration and supervision of surrogacy clinics.
Every clinic conducting surrogacy procedures must obtain registration from the appropriate authority.
Registration is subject to compliance with prescribed requirements relating to medical professionals, equipment, infrastructure and standards.
A registration certificate is valid for three years and requires renewal.
Clinics may face suspension or cancellation of registration for violating the law, subject to the prescribed procedure.
Surrogacy (Regulation) Amendment Rules, 2026
The Central Government introduced further amendments through G.S.R. 492(E), notified on 17 June 2026 and published on 18 June 2026.
The amendments introduced Rules 10A and 11A.
Under Rule 11A, clinics must ordinarily submit renewal applications through the National Registry portal at least 60 days before their registration certificates expire.
The prescribed renewal fee is ₹1 lakh. Applications submitted after the specified advance period attract a fee of ₹2 lakh. Government-run institutes are exempt from the renewal fee.
The appropriate authority must examine the application and decide on renewal within the prescribed 60-day period.
Renewed certificates remain valid for another three years.
These amendments strengthen administrative regulation and provide a clearer procedure for continuing clinic registration.
Offences and Punishments Under Surrogacy Law
Chapter VII of the Surrogacy (Regulation) Act, 2021 prescribes penalties for unlawful surrogacy practices.
| Provision | Offence | Punishment |
| Section 38 | Commercial surrogacy, exploitation, unlawful trading and other specified prohibited activities | Imprisonment up to 10 years and fine up to ₹10 lakh |
| Section 39 | Specified violations by medical professionals and clinic personnel | Imprisonment up to 5 years and fine up to ₹10 lakh |
| Section 40 | Seeking or facilitating prohibited commercial surrogacy | First offence: imprisonment up to 5 years and fine up to ₹5 lakh |
| Section 40 | Subsequent offence | Imprisonment up to 10 years and fine up to ₹10 lakh |
| Section 41 | Contraventions without a specific penalty | Imprisonment up to 3 years and fine up to ₹5 lakh |
Section 43 declares offences under the Act to be cognizable, non-bailable and non-compoundable.
These penalties reflect the legislative intention to prevent commercial exploitation and regulate the conduct of clinics, intermediaries and intending parents.
Important Supreme Court Judgment on Surrogacy in India
Vijaya Kumari S. v. Union of India (2025)
In Vijaya Kumari S. v. Union of India, reported as 2025 INSC 1209, the Supreme Court examined the application of age restrictions introduced under the Surrogacy (Regulation) Act, 2021.
The judgment was delivered on 9 October 2025 by a Bench comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan.
Facts of the Case
The petitioners had commenced surrogacy-related reproductive processes before the 2021 Act came into force.
However, the statutory age restrictions subsequently created difficulties in proceeding with their arrangements.
Legal Issue
The principal question was whether the age restrictions introduced by the 2021 Act could prevent intending couples who had already commenced the surrogacy process from continuing.
Judgment
The Supreme Court held that the age restrictions could not be applied retrospectively to defeat the rights of intending couples who had already commenced the surrogacy process before the Act came into force.
The Court permitted the petitioners to proceed without the otherwise applicable age certification requirement, provided that other statutory conditions were fulfilled.
Significance
The judgment is important because it addresses the relationship between reproductive rights, statutory regulation and the retrospective operation of legislation.
It also demonstrates that eligibility restrictions must be interpreted in accordance with constitutional principles and the facts of individual cases.
Constitutional and Ethical Issues in Surrogacy Law
Surrogacy law raises questions concerning reproductive autonomy, equality, dignity and protection against exploitation.
Reproductive Autonomy Under Article 21
Judicial discussions concerning reproductive choices have recognised their connection with privacy, dignity and personal autonomy.
Article 21 of the Constitution protects life and personal liberty.
However, reproductive autonomy is not necessarily an unrestricted entitlement to access every form of assisted reproduction. The State may regulate medical procedures through legislation that satisfies constitutional requirements.
Equality Under Article 14
The eligibility restrictions raise questions concerning equal treatment.
For example, unmarried women who have never married, single men and certain other categories are excluded from the ordinary statutory framework.
These distinctions raise constitutional questions about whether the eligibility classifications are reasonable and consistent with the equality guarantees under Article 14.
Protection Against Exploitation
The prohibition of commercial surrogacy is intended to protect women against trafficking, coercion and economic exploitation.
At the same time, restricting surrogacy to altruistic arrangements has generated debate regarding the financial burdens placed on surrogate mothers.
The challenge lies in balancing reproductive autonomy with the protection of vulnerable individuals.
Challenges in Implementing Surrogacy Laws in India
Despite the regulatory framework, several practical and legal challenges remain.
Restricted Eligibility
The eligibility criteria exclude several categories of individuals who may wish to become parents through surrogacy.
This has generated discussions concerning reproductive equality and access to assisted reproductive technology.
Limited Availability of Surrogate Mothers
The requirement of altruistic surrogacy, combined with the age, marital history and existing-child conditions, limits the pool of eligible surrogate mothers.
Finding a willing woman who satisfies every statutory requirement may therefore be difficult.
Administrative Requirements
Medical certification, judicial orders, eligibility certificates and clinic registration involve multiple authorities.
These procedures are designed to protect participants but may also increase the time and administrative complexity of surrogacy arrangements.
Ethical Concerns
Surrogacy involves several sensitive issues, including informed consent, bodily autonomy, financial vulnerability, reproductive decision-making and the interests of children.
These considerations are also important in the wider legal discussion surrounding reproductive healthcare, particularly following the Medical Termination of Pregnancy (Amendment) Act, 2021.
An effective regulatory system must protect surrogate mothers without disregarding their independent choices and dignity.
Conclusion
Surrogacy law in India is primarily governed by the Surrogacy (Regulation) Act, 2021, supported by the Surrogacy (Regulation) Rules, 2022 and subsequent amendments.
The law permits altruistic gestational surrogacy under specified conditions while prohibiting commercial surrogacy. It establishes eligibility requirements for intending parents and surrogate mothers, regulates medical clinics and protects the legal rights of children born through surrogacy.
The amendments concerning donor gametes and clinic registration, together with judicial decisions on reproductive rights, continue to shape the implementation of surrogacy law.
The central objective of the framework is to balance access to reproductive assistance with the protection of surrogate mothers, children and the integrity of medical procedures.
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