Is Surrogacy Legal for Indian Couples?

Surrogacy for Indian couples is legal—but only under very strict conditions. With the introduction of the Surrogacy (Regulation) Act, 2021, the legal status of surrogacy in India has changed significantly. Today, only altruistic surrogacy is permitted, and that too for a limited group of eligible intended parents who meet strict medical, legal, and social criteria.

Commercial surrogacy, international surrogacy arrangements within India, and any form of financial compensation beyond medical expenses are strictly prohibited. Because of these limitations, many Indian couples are now exploring international surrogacy options where more flexible and structured programs are available.

Understanding the legal framework is essential before starting your surrogacy journey.

Key Takeaways

• Surrogacy is legal in India only under strict conditions

• Only altruistic surrogacy is permitted

• Commercial surrogacy is completely banned

• Eligibility is limited to certain married couples

• Many intended parents consider international options