Surrogacy (as per Indian law & ART guidelines)
Understanding Surrogacy in India – What the Law Says
Do you know what makes surrogacy truly special ? It's the love of one woman helping another couple fulfil their dream of becoming parents.
In India, this noble act is guided by the Surrogacy (Regulation) Act, 2021, and ART (Assisted Reproductive Technology) guidelines, ensuring that every journey to parenthood remains honest, clear, and emotionally safe for everyone involved.
If you’re wondering “is surrogacy legal in India?” or want to know “who can opt for it ?”, this guide explains how surrogacy works, when it’s allowed, and the current status of surrogacy in India — so you can make confident decisions about your fertility options.
What Is Surrogacy? (Meaning & Medical Explanation)
Surrogacy is a kind of medical plan in which a woman, called a surrogate mother, carries a baby and gives birth to it for someone else.
IVF (In-Vitro Fertilisation) is a medical term for surrogacy. In this method, an embryo is made in a lab by combining the egg of the planned mother with the sperm of the father. The healthy baby is then put into the uterus of the surrogate, where it will grow normally until birth.
People who want to know more about the two main types of surrogacy can come to Crystal Fertility.
- Gestational surrogacy: The baby is made using the reproductive cells from the intended parents during IVF. The surrogate has nothing to do with the baby's genes.
- Traditional surrogacy: The egg from the surrogate is used, which means she is directly linked to the child. (Not legal by the government of India, but we can tell you about it just for study and knowledge purposes)
NOTE: Indian law only allows gestational surrogacy, also known as IVF-based surrogacy. You can't do traditional surrogacy.
Is Surrogacy Legal in India?
Yes- surrogacy is legal in India, but only under some specific conditions
According to the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is legal. This means the surrogate mother cannot receive any financial rewards other than basic medical expenses and health insurance coverage.
All types of commercial surrogacy- where payments and profit are involved are strictly banned in India.
The main purpose behind these laws is to protect the honour of a woman and prevent something unfair, and to make sure that surrogacy remains a selfless act of compassion, not a commercial arrangement.
At Crystal Fertility, we choose first to educate our patients on these legal boundaries, to make sure that every decision is informed and ethical, and there would be no complaint with the current Indian surrogacy laws.
Why Did the Indian Government Ban Commercial Surrogacy?
In 2021, India banned commercial surrogacy to protect women. There were a lot of poor women who were paid to carry kids for other people. This caused:
- Risks to health
- Stress and anxiety
- Not being fair
The New Rules:
- Do not pay women to be surrogates.
- Surrogates can only be close family members, and they have to choose to be one.
- It's important to treat adoptive moms with respect.
- There are very strict moral rules that clinics that help people get pregnant must follow.
- The idea is that surrogacy should stay a kind and decent act and not turn into a business.
Our job at Crystal Fertility is to help couples learn about safe, legal, and polite ways to have children while following these rules
Who Is Eligible for Surrogacy in India?
Both the Indian Surrogacy (Regulation) Act, 2021 and the ART (Assisted Reproductive Technology) Rules make it clear that there are times when surrogacy is both legal and medically possible.
The law makes sure that the process is clear and that only people who really need medical help go through it.
| Requirement |
Condition (As per Indian Law) |
| Marital Status |
Only married Indian heterosexual couples are eligible |
| Duration of Marriage |
Must be married for at least 5 years |
| Age Limit (Women) |
23 to 50 years |
| Age Limit (Man) |
26 to 55 years |
| Medical Condition |
Must have a certified medical reason proving infertility |
| Children Status |
Should not have an existing biological or adopted child (exceptions allowed for special-needs or life-threatening illness) |
Outsider nationals, single men, live-in partners, and same sex couples are not eligible for surrogacy in India under the current law.
What Is Altruistic Surrogacy?
Altruistic surrogacy is a type of surrogacy in which the surrogate mother does not get paid or get any other financial benefit, other than for medical bills and insurance. She can't get paid, gifts, or other benefits besides those charges.
Indian law says that the surrogate must be a family member of the couple who wants to have a child, like a sister, cousin, or sister-in-law, and that person must agree to be a surrogate out of support, not for money.
Legal & Medical Conditions for Surrogate Mother (India)
- The surrogate must be a married woman aged 25 to 35.
- She needs to have at least one healthy child of her own.
- She can only be a surrogate once in her life.
- She must be physically and mentally healthy and hold a fitness certificate from a recognised medical board.
- Before any procedure, she must provide written informed consent.
- She can't utilise her own eggs; only gestational surrogacy is authorised.
Reference: The Surrogacy (Regulation) Act, 2021
You can read the whole Act released by PRS Legislative Research, India's reliable source for verified legal and policy documents, if you want to learn more about the official legal framework.
Read the Official Surrogacy (Regulation) Act, 2021 – PRS Legislative Research
Click the link above to view the government-approved document and learn about India's surrogacy rules straight from the source.
Current Status of Surrogacy in India (2025 Update)
As of 2025, surrogacy in India is legal but is subject to strict rules under the Surrogacy (Regulation) Act, 2021. The 2024 updates strengthened the rules by limiting the use of donor eggs or sperm, which are now permitted only in certain medical situations
The ART (Assisted Reproductive Technology) Rules, 2022, work together with the Surrogacy Act to monitor fertility clinics, set standard medical practices, and keep things transparent. National and state ART boards now watch every registered fertility and surrogacy centre in India to ensure accountability and protect everyone's rights.
In short: In India, surrogacy is legal, but there are strict legal, medical, and moral rules that must be followed. These rules are meant to stop abuse and keep this safe and loving way to become a parent.
Rights and Responsibilities Under Indian Surrogacy Law
The Surrogacy Act of 2021 and the ART Rules of 2022 make it extremely clear what each person's legal responsibilities are in the surrogacy procedure. These rules keep both the intended parents and the surrogate mother safe.
Who has what rights?
- Intended Parents: You are the baby's legal parents from the moment of birth.
- Surrogate Mother: She has no parental rights when the baby is born.
- Legal Agreement: Before starting treatment, both couples must sign a real surrogacy contract.
- Health Checks: Everyone who is participating must pass tests for both physical and mental health.
Before starting their journey, we at Crystal Fertility make sure that every couple knows their legal rights and duties. This is because knowing the law helps you make wise, moral choices about being a parent.
Surrogacy vs IVF – Understanding the Difference
| Aspect | IVF | Surrogacy |
|---|---|---|
| Who carries the baby? | Intended mother | Surrogate mother |
| Legal status in India | Fully legal | Legal only under altruistic conditions |
| Suitable for | Women who can carry a pregnancy | Women who cannot carry due to medical reasons |
| Emotional involvement | Direct | Through a surrogate with emotional support |
| Cost & complexity | Moderate | High (due to legal & medical screening) |
At Crystal Fertility, we focus on IVF and fertility treatments that allow couples to conceive naturally whenever possible. Surrogacy is discussed only for educational purposes, in compliance with current Indian laws.
What You Should Do vs What You Should Not Do
| What You Should Do |
What You Should Not Do |
| Choose a registered fertility clinic approved under the Surrogacy and ART Acts. |
Don’t work with unregistered or unauthorised agencies offering illegal arrangements. |
| Ensure the surrogate is a close relative, medically fit, and meets the legal age and eligibility. |
Don’t select commercial surrogates or pay compensation beyond medical and insurance costs. |
| Get written informed consent from all parties before starting the process. |
Don’t begin any procedure without a legal contract approved by the appropriate authority. |
| Follow medical and psychological screening as mandated by law. |
Don’t ignore or skip fitness and mental health evaluations. |
| Seek legal guidance to understand your rights and responsibilities. |
Don’t rely on verbal agreements or informal promises. |
| Keep the process transparent, compassionate, and ethical. |
Don’t exploit or pressure a surrogate for personal or financial reasons. |
Surrogacy Ban in India – What’s Prohibited
The Surrogacy (Regulation) Act, 2021 clearly states what is not allowed in India in order to safeguard women and make sure that surrogacy is not a business.
These laws are aimed at protecting surrogate moms in India and keeping their dignity, honesty, and safety. They ensure that surrogacy is ethical and safe for everyone involved.
Ethical Surrogacy Awareness at Crystal Fertility
Every step toward parenthood should be moral, open, and safe for the child. Our staff follows the Surrogacy Act, 2021, and helps each pair in a kind and legal manner.
Exactly what we do:
- We don't offer surrogacy, but we can help you learn about your choices.
- We can talk to you in therapy about the legal and medical options you have, such as IVF, ICSI, and embryo donation.
- We provide all the details you need to choose the best option for your family.
Why it matters to us:
- Awareness-raising about ethical parenting in India
- Keeping women's rights and health in check
- Assisting you in making smart, safe, and sincere choices
Your effort to get pregnant is unique. We're here to have an honest, caring, and respectful relationship with you every step of the way.
Legal Disclaimer
Note: In India, surrogacy is not possible right now because of the way the law works.
The ART (Assisted Reproductive Technology) Rules, 2022 and the Surrogacy (Regulation) Act, 2021, say that this information can only be used to teach.