Surrogacy in India: What Intended Parents Need to Know in 2025

India has long been a destination for affordable fertility and surrogacy treatments. However, recent changes in regulations have significantly reshaped how surrogacy is practiced across the country. In this article, we outline the current legal framework, eligibility rules, and what intended parents—especially Indian citizens and OCI cardholders—should know before starting a surrogacy journey in India.

Is Surrogacy Legal in India in 2025?

Yes, surrogacy is legal in India, but it is now strictly regulated. With the enactment of the Surrogacy (Regulation) Act, 2021, and amendments that followed, only altruistic surrogacy is permitted. This means commercial surrogacy—where the surrogate is paid beyond medical expenses—is banned.

As of 2025, only married Indian heterosexual couples, with specific medical infertility conditions, are allowed to pursue surrogacy. Single parents, same-sex couples, and foreign nationals are not eligible under Indian law, although OCI (Overseas Citizen of India) cardholders may apply if they meet other conditions.

Key Eligibility Requirements for Intended Parents

To pursue surrogacy in India, intended parents must:

• -Be an Indian citizens or OCI cardholder
• -Be a married heterosexual couple
• -The wife should be aged 23–50 and the husband 26–55
• -Provide proof of infertility through medical certification
• -Have no surviving biological or adopted child (with exceptions for disabled children)

Due to these strict eligibility requirements, many international intended parents now explore other destinations such as Georgia, Mexico, or Colombia for surrogacy. However, Indian citizens still have access to regulated programs.

Cost of Surrogacy in India

India offers one of the lowest-cost surrogacy programs globally. However, due to the shift to legal compliance, the cost of surrogates in India has increased compared to earlier years. The overall cost for a complete surrogacy journey ranges between ₹25 to ₹35 lakhs, depending on the clinic and medical requirements.

Here’s a typical breakdown of surrogacy costs in India:

• IVF procedures and embryo transfer
• Surrogate’s medical and pregnancy care
• Legal agreements and documentation
• Hospital delivery charges
• Egg or sperm donation if needed

Note that surrogate compensation is limited to reimbursing medical expenses, insurance, and other pregnancy-related costs as per the new law.

Why Some Parents Still Choose Surrogacy in India

Despite the restrictions, India remains a viable option for:

1. Indian couples with infertility challenges who meet the legal criteria
2. OCI holders with Indian roots seeking a familiar legal and cultural environment
3. Those who prefer regulated, low-cost IVF and pregnancy care in reputable clinics

India has excellent fertility clinics with internationally accredited facilities, English-speaking staff, and high IVF success rates. Major cities such as Delhi, Mumbai, and Chennai remain hubs for such services.

Conclusion

Surrogacy in India is legal but limited to a small group of eligible Indian or OCI intended parents under the altruistic model. While the laws are more restrictive than before, those who qualify can still access safe, ethical, and cost-effective fertility treatment.

If you are considering surrogacy in India, it's essential to work with experienced consultants and legal professionals who understand the current regulations. For personalized advice, visit our page for Surrogacy in India or speak with a licensed surrogacy consultant who can guide you through the available options.

Neelam is working as a full-time International Fertility and Surrogacy Consultant representing IVF Conceptions and Complete Surrogacy Consulting.