Who can do Surrogacy in India: Complete Guide

Author: Neelam Chhagani

Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which sets strict guidelines for both intended parents and surrogate mothers. The law permits only altruistic surrogacy, banning commercial arrangements, to protect the rights of women and children.

Is surrogacy legal in India, and what are the eligibility criteria? Let's discuss in this blog post:

  • Eligibility for Intended Parents
To qualify for surrogacy in India, the intended parents must meet the following conditions:

  • Marital Status: Only legally married Indian couples are eligible.

  • Age Criteria:

    • Husband: 26–55 years
    • Wife: 25–50 years
  • Medical Requirement: Surrogacy is allowed only in cases of medical infertility or inability to carry a pregnancy.
  • Child Restriction: Couples must not have an existing surviving biological or adopted child, except if the child suffers from a life-threatening illness or disability.

Intended Parents’ Eligibility Criteria – India (New Surrogacy Act)

Category

Criteria

For Married Couples

  • Husband: 26–55 years - Wife: 23–50 years

For Single Women

  • Only widows or divorcees eligible - Age: 23–50 years - Can use sperm donor only (egg donation not allowed)

For Couples of Indian Origin

Both partners must hold OCI (Overseas Citizen of India) cards

Application Process

Must apply in their resident district/ward

Medical & Legal Guidelines

  • Cannot already have a healthy biological child - Egg donor cycles allowed - Embryo import from abroad not allowed - Embryos can be transferred between registered clinics in India - Sex selection strictly prohibited - Must obtain Certificate of Medical Indication from the District Medical Board - Must obtain Certificate of Essentiality - Parental Order to be issued by a First-Class Magistrate for couple and surrogate

For Surrogate Mother’s Protection

  • Must provide general health insurance for 36 months - Must submit an affidavit guaranteeing compensation in case of complications

Clinic Requirement

Surrogacy must be performed only at a registered surrogacy clinic under the Act

  • Eligibility for Surrogate Mother
A woman acting as a surrogate must fulfill specific legal and medical requirements:

  • Must be an Indian woman (married and having at least one child of her own).
  • Age: Between 25 and 35 years.
  • Can serve as a surrogate only once in her lifetime.
  • Must pass thorough medical and psychological screening.
  • Cannot donate her own eggs – only gestational surrogacy is allowed.

  • Key Legal Points
  • Only altruistic surrogacy is legal. The surrogate mother can be compensated for medical expenses and provided insurance, but not paid for carrying the pregnancy.
  • Foreign couples, live-in partners, and single parents are not eligible under Indian law.

    • Conclusion

    Surrogacy in India is highly regulated, ensuring the protection of surrogate mothers and children. Both intended parents and surrogates must strictly meet the eligibility requirements before proceeding. If you are considering surrogacy in India, it is important to consult with a licensed surrogacy clinic or legal expert to understand the full process.