Surrogacy in India

The Act defines a 'couple' as a legally married Indian man and woman. An 'intending couple' must have a medical indication for gestational surrogacy, certified by a District Medical Board. Paying a surrogate beyond medical expenses and insurance counts as commercial surrogacy, which is prohibited.

Offences under the Act are cognisable and non-bailable. Seeking commercial surrogacy can lead to up to five years in prison and a fine for a first offence. Clinics that offer commercial surrogacy face up to ten years in prison. Any agent offering paid surrogacy in India to foreigners is offering an illegal service.

How this approach differs

The law aims to stop the exploitation of surrogate mothers that occurred during the commercial period before 2022. It focuses on medical need, Indian citizenship and unpaid (altruistic) arrangements. Rules and court interpretations continue to evolve, so families should take legal advice from an Indian lawyer before acting.

Who needs surrogacy in india: what the law allows

• Eligible: a married Indian couple, wife aged 23 to 50 and husband 26 to 55, with a certified medical need
• Eligible: an Indian woman who is a widow or divorcee aged 35 to 45
• Not eligible: foreign nationals, whether married or single
• Not eligible: anyone seeking surrogacy for payment or for non-medical reasons

How it is done

1. The intending couple obtains a certificate of essentiality from the appropriate authority.
2. This requires a District Medical Board certificate of medical need and a court order on parentage and custody.
3. The couple buys insurance for the surrogate covering 36 months, including postpartum complications.
4. The surrogate, an ever-married woman aged 25 to 35 with a child of her own, obtains an eligibility certificate.
5. Under the 2024 amendment rules, couples must use their own gametes unless a Board certifies a medical need for a donor gamete, and at least one gamete must come from the couple.
6. A widow or divorcee must use her own eggs with donor sperm.
7. Treatment takes place only at a clinic registered under the Act.

Before you travel to India

• Check your citizenship status: the Act's definition of a couple refers to Indian citizens
• Do not pay any agent who offers surrogacy in India to foreign nationals
• If you are an Indian couple living abroad, get legal advice on eligibility and documents
• Ask a fertility specialist whether other options, such as IVF with donor eggs, suit your medical situation
• Keep copies of the Act and rules as published in official sources

Recovery and flying home

• This page describes law, not a treatment, so there is no recovery period.
• Indian couples who qualify should expect a long process involving medical boards and court orders.
• Foreign patients can still have IVF, ICSI and egg freezing for their own use at registered clinics.
• Seek counselling if the ban affects your family plans; it is a difficult situation.

Risks

• Criminal prosecution of anyone arranging or seeking commercial surrogacy in India
• Children born through unlawful arrangements may face citizenship and exit problems
• Financial loss to unregulated agents
• Exploitation of women acting as surrogates

Alternatives

• IVF or ICSI for your own pregnancy, if you can carry a pregnancy
• Donor egg IVF, where the law allows, for women with low ovarian reserve
• Legal surrogacy in your country of citizenship or residence, if permitted there
• Adoption

Hospitals in India for surrogacy in india: what the law allows

• Aster MedcityKochi
• Continental HospitalsHyderabad
• Apollo Hospitals, Navi MumbaiMumbai
• Aster CMI HospitalBengaluru
• Sir H. N. Reliance Foundation Hospital & Research CentreMumbai
• Apollo Health City, Jubilee HillsHyderabad
• Lilavati Hospital and Research CentreMumbai
• Rainbow Children's Hospital & BirthRight, Banjara Hills, HyderabadHyderabad

How these hospitals compare

Specialists

• Dr Dakshayani DMGM Healthcare (Mahatma Gandhi Memorial Hospital)
• Dr Raman PatelZydus Hospital, Ahmedabad
• Dr Reitu PatelZydus Hospital, Ahmedabad
• Dr Thomas AliyattukudyLisie Hospital
• Dr Manisha Rajpal SinghFortis Hospital, Bannerghatta Road

Frequently asked questions

Sources

• The Surrogacy (Regulation) Act, 2021 (Act No. 47 of 2021), India Code
• Surrogacy (Regulation) Amendment Rules, 2024, G.S.R. 119(E), Gazette of India

Medically reviewed by The Curaventa Team. Last updated 2026-10-24. General information, not medical advice. Medical editorial board · Editorial policy · How we get prices