Is Surrogacy Legal in India for NRIs? Your comprehensive guide for finding surrogate mother in India
Yes, surrogacy in India is legal for NRIs (Non-Resident Indians) if they fulfill other eligibility criteria as per the Surrogacy Regulation Act 2021. In recent years, surrogacy in India has seen big changes. It was once a popular place for surrogacy, especially for couples from abroad. But now, strict rules have made it hard for international couples to find surrogacy in India.
India’s surrogacy laws have undergone significant changes, and only altruistic surrogacy is permitted under the Surrogacy (Regulation) Act, 2021. While Indian citizens are eligible under specific conditions, Non-Resident Indians (NRIs), Overseas Citizens of India (OCI), and Persons of Indian Origin (PIO) face legal complexities when considering surrogacy in India. This guide explores eligibility criteria, legal requirements, and alternative options for NRIs.
Key Takeaways
- Commercial surrogacy was legal in India from 2002 to 2015. But now, new rules have stopped foreign parents from using surrogacy in India.
- Today, only Indian couples who have been married for at least five years can do commercial surrogacy in India.
- India has banned commercial surrogacy. Now, it only allows altruistic surrogacy for needy, infertile Indian couples who meet certain criteria.
- The new rules in India have made surrogacy harder for international couples to find.
- Surrogacy experts suggest the United States as a safe and well-regulated place for surrogacy goals.
Get in touch for a Free Surrogacy Consultancy:
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Additional guide for surrogacy in India:
Cost of Surrogacy in Mumbai: Affordable Options
Top 5 Best Surrogacy Doctors in Mumbai With High Success Rate (2023)
Best IVF Centers in India – IVF Conceptions
Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed
Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021
Is Surrogacy for NRI in India Allowed?
How to Find Surrogate Mothers in India
How Much Does Surrogacy Cost In India ( in 2023)?
Legal Issues Related To Surrogacy In India
Surrogacy In India-Everything Parents Need to Know
Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs
Introduction to Surrogacy in India
Surrogacy is when a woman carries a baby for someone else. It’s a big topic in India. There are two main types: altruistic and commercial surrogacy.
Definition of Surrogacy
Surrogacy means a woman, called the surrogate mother, carries a child for someone else. This can be a couple or an individual. The child’s genetic link to the surrogate mother varies based on the arrangement.
Types of Surrogacy: Altruistic and Commercial
Altruistic surrogacy doesn’t pay the surrogate mother. She only gets medical and other expenses back. Commercial surrogacy, however, pays the surrogate mother for carrying the child.
Before 2015, India allowed commercial surrogacy. It was a big business, making up to $2.3 billion a year. But, worries about surrogate mothers being exploited led to a ban. Now, India focuses on altruistic surrogacy within family groups.
India’s laws on surrogacy have changed. They now support altruistic surrogacy more. They also made it easier for surrogate mothers to qualify. This makes surrogacy more open to those who want it.
History of Surrogacy Laws in India
The surrogacy practice in India has a long and complex history. It became well-known in the country from 2002 to 2015. During this time, India was known as the “surrogacy capital of the world.” This was because of the lack of laws and the low costs involved.
But, the industry was not regulated well. This led to the exploitation of surrogate mothers. They faced unethical treatment, and poor living conditions, and got only a small part of the money paid by their intended parents.
The Indian government then tried to control the industry with surrogacy laws and bills. This effort ended with a ban on commercial surrogacy in the country.
Reasons for the Ban on Commercial Surrogacy
The ban on commercial surrogacy in India was for several reasons:
- The exploitation of surrogate mothers, who were often from economically disadvantaged backgrounds and lacked bargaining power
- Concerns about the commodification of children and the potential for human trafficking
- The need to protect the rights and well-being of surrogate mothers and ensure that they are not subjected to undue pressure or coercion
- The desire to promote altruistic surrogacy and ensure that the process is driven by genuine compassion, rather than financial incentives
The Surrogacy (Regulation) Act, 2021 is the latest law to address these issues. It aims to eliminate the commercialization of surrogacy. It also promotes altruistic surrogacy and protects the rights of surrogate mothers and intended parents.
Who is Eligible for Surrogacy in India as an NRI?
| Criteria | Eligibility |
|---|---|
| Marital Status | Only Indian married couples (2+ years of marriage) |
| Age Requirement | Male: 26-55 years, Female: 23-50 years |
| Medical Requirement | Certificate proving infertility is mandatory |
| Surrogacy Type Allowed | Only altruistic (no payment to surrogate) |
| Genetic Link Requirement | Child must have a genetic connection to at least one parent |
| OCI/PIO Card Holders | Subject to additional legal approvals |
| Foreign Nationals & LGBTQ+ Individuals | ❌ Not eligible under Indian law |
🔹 NRIs must complete legal verification before proceeding with surrogacy in India.
Challenges for NRIs Seeking Surrogacy in India
🔴 Delays in securing government approvals – The certification process may take months.
🔴 Restrictions on donor gametes – Only self-eggs and sperm are allowed unless medically justified.
🔴 Parental rights must be legally secured – The parental order is mandatory before exit.
🔴 Citizenship & passport processing delays – NRIs must coordinate with their home country’s embassy.
Is Surrogacy Legal in India for NRI couples: The Current Legal Status
Surrogacy laws in India have changed a lot lately. The Surrogacy (Regulation) Act, of 2021 made commercial surrogacy illegal. Now, only altruistic surrogacy is allowed for needy, infertile Indian couples.
THE SURROGACY (REGULATION) ACT, 2021
A lot of regulations were introduced, impacting many aspects of surrogacy. A glimpse of a few of the regulations is marked here below. If you wish to do surrogacy in India, you need to fulfill these. We are happy to assist you with the legal surrogacy program in India, but if you do not pass this condition, then doing surrogacy outside India is possible with us.
Important clauses redefining surrogacy are highlighted below.
- Has to be Gestational Surrogacy (the surrogate mother is not genetically linked to the child).
- Altruistic Surrogacy (no direct financial benefit to the surrogate mother)
- Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
- Single woman (divorced or widowed), between the age of 35 to 45 years. The genetic link is a must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Couple of Indian origin.
- The couple have not had any healthy surviving child biologically or by adoption.
- Insurance for 36 months, for the Surrogate mother for illness or death.
- Have to have Medical indication necessitating gestation surrogacy.
- No sex selection.
- To obtain a certificate of essentiality from The Appropriate Authority.
- To obtain a certificate of medical indication necessitating gestation surrogacy from the District Medical Board.
- Parentage Order passed by First Class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- The surrogate mother should be between 25 to 35 years.
- The surrogate mother will act as Surrogate only once in her lifetime.
- Medical and psychological fitness for Surrogate mother.
Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.
The Surrogacy (Regulation) Act, 2021- In Nutshell
This new law has strict rules for those wanting surrogacy. The couple must be Indian, married, and infertile. The woman should be between 23 and 50, and the man between 26 and 55.
They must not have any children already. The surrogate mother must be an Indian woman, married, between 25 and 35, and have her own child.
Eligibility Criteria for Surrogacy
- The intended parents must be an Indian infertile married couple
- The woman must be between 23 and 50 years old
- The man must be between 26 and 55 years old
- They must not have any living children
- The surrogate mother must be an ever-married Indian woman between 25 and 35 years old who has her own child
The Surrogacy (Regulation) Act, 2021 aims to protect surrogate mothers. It wants to ensure ethical practices in India’s surrogacy industry. By only allowing altruistic surrogacy, the government aims to safeguard everyone’s rights and well-being.
Even though the new law tackles some issues with commercial surrogacy, its success is uncertain. It will be interesting to see how these rules are enforced and shape the future of surrogacy in India.
Legal Documentation Required for NRI Surrogacy
| Document | Purpose |
| Certificate of Essentiality | Confirms infertility & necessity for surrogacy |
| Medical Board Approval | Required from the District Medical Board |
| Surrogacy Agreement | Legally binding contract between intended parents & surrogate |
| Parental Order | Grants legal parental rights to intended parents |
| Visa & Exit Clearance for Baby | Required for returning to the home country |
🔹 NRIs must obtain approvals from the Surrogacy Board before embryo transfer.
How much does surrogacy cost in India?
The cost of surrogacy in India is between 20 to 25 lakhs INR and it varies widely depending upon the location, types of services needed, and the experience of the fertility doctor.’
Rights and Responsibilities of Surrogate Mothers
The Surrogacy (Regulation) Act, 2021, gives surrogate mothers in India clear rights and duties. They must be physically and mentally healthy, with a doctor’s approval. They can’t use their own eggs or sperm for the surrogacy.
Surrogate mothers in India can only do surrogacy once in their lives. They get insurance for 36 months, covering any issues or death. They also have the right to stop the surrogacy until the embryo is placed in their womb. They can choose to end the pregnancy under the Medical Termination of Pregnancy Act, 2019.
| Rights of Surrogate Mothers in India | Responsibilities of Surrogate Mothers in India |
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The Surrogacy (Regulation) Act, 2021 aims to protect surrogate mothers in India. It ensures they are treated fairly in the surrogacy rights India process. This law also makes sure only altruistic surrogacy is allowed, banning commercial surrogacy.
“The new surrogacy law in India introduced in 2021 prohibits commercial surrogacy, allowing only for altruistic surrogacy arrangements.”
Knowing the rights and duties of surrogate mothers in India helps intended parents make better choices. It ensures a fair and legal surrogacy process. The cost of surrogacy in India is also a key factor, as the law limits financial aspects.
Ethical and Social Implications of Surrogacy in India
The surrogacy industry in India has faced big ethical and social challenges. Many surrogate mothers were treated unfairly, living in poor conditions. They got only a small part of the money paid by the intended parents.
This made them feel like machines for making babies, ignoring their health and happiness.
Exploitation of Surrogate Mothers
Surrogate mothers in India were often taken advantage of. They got bad medical care and lived in poor conditions. They also got very little of the money paid by the intended parents.
This made them feel like they were just being used, not valued for their role in the surrogacy process.
The new rules aim to fix these problems. They ban commercial surrogacy and only allow altruistic surrogacy for needy, infertile Indian couples. This change aims to protect surrogate mothers and treat them with respect.
“Surrogacy is a beneficial concept to fulfill the desire for parenthood for infertile couples and offer a service opportunity for surrogate mothers.”
But, it’s important to make sure these new laws are followed well. This is key to really solving the surrogacy exploitation and surrogacy ethical issues in India. We need to keep working to protect everyone involved in surrogacy.
Alternatives to surrogacy in India for Intended Parents- Legal surrogacy countries
India’s ban on commercial surrogacy has led intended parents to look elsewhere. Countries like Mexico, Argentina, Colombia, Georgia, and Armenia offer legal surrogacy options. Each has its own rules and things to consider.
Alternative Surrogacy Destinations for NRIs
For NRIs who do not qualify under Indian law, alternative destinations provide legally secure options.
| Country | Surrogacy Cost (USD) | Legal Status | LGBTQ+ Friendly? |
| USA | $150,000+ | Fully legal (state-dependent) | ✅ Yes |
| Georgia | $50,000 – $75,000 | Legal for married couples | ❌ No |
| Mexico | $60,000 – $80,000 | State-dependent | ✅ Some states |
| Colombia | $60,000 – $80,000 | Fully legal | ✅ Yes |
| Ukraine | $45,000 – $70,000 | Legal for married heterosexual couples | ❌ No |
🔹 Colombia and Mexico provide cost-effective alternatives for NRIs facing legal restrictions in India.
International surrogacy countries to explore with us
https://www.ivfconceptions.com/surrogacy-in-india/
https://www.ivfconceptions.com/surrogacy-in-ukraine/
https://www.ivfconceptions.com/surrogacy-in-georgia/
https://www.ivfconceptions.com/surrogacy-in-mexico/
https://www.ivfconceptions.com/surrogacy-in-usa/
https://www.ivfconceptions.com/surrogacy-in-colombia/
https://www.ivfconceptions.com/surrogacy-in-laos/
https://www.ivfconceptions.com/surrogacy-in-uk/
https://www.ivfconceptions.com/surrogacy-in-canada/
https://www.ivfconceptions.com/surrogacy-in-kazakhstan-for-intended-parents/
https://www.ivfconceptions.com/surrogacy-in-armenia-process-legal-and-surrogacy-cost-in-armenia/
Surrogacy in Mexico
Mexico has laws for surrogacy, making it a good choice for many. But, the rules differ by state. It’s important to research and work with legal experts.
Surrogacy in Argentina
Argentina welcomes LGBT couples and single parents for surrogacy. Its laws are clear, making it a structured choice for those seeking surrogacy.
Surrogacy in Colombia
Colombia has laws for surrogacy, but they’re not as detailed as others. Intended parents should be ready to understand the legal details and work with local experts.
Surrogacy in Georgia
Georgia is known for being surrogacy-friendly. It has laws that allow both altruistic and commercial surrogacy for all intended parents.
Surrogacy in Armenia
Armenia also allows surrogacy, with laws that are generally good for intended parents. But, it’s key to research the laws and work with trusted professionals.
Exploring these countries for surrogacy means staying updated on laws and working with experts. This way, intended parents can find a suitable path that meets their needs and values.
Final Thoughts: Is Surrogacy in India a Good Option for NRIs?
Surrogacy in India is highly regulated, and only a limited group of NRIs qualify. Those who do not meet the eligibility criteria should consider international surrogacy in Georgia, Mexico, or Colombia, where regulations are more accommodating.
Key Takeaways
✔️ NRIs with Indian citizenship may qualify under strict conditions.
✔️ OCI and PIO cardholders face additional legal approvals.
✔️ Commercial surrogacy is completely banned—only altruistic surrogacy is allowed.
✔️ Egg/sperm donation is restricted; the child must have a genetic link to one parent.
✔️ NRIs ineligible in India can explore surrogacy in Georgia, Mexico, or Colombia.
📌 Need Expert Guidance on NRI Surrogacy? 📩 Get a free consultation with a surrogacy expert today!
🌍 Website: www.ivfconceptions.com
📧 Email: neelam@ivfconceptions.com
📲 WhatsApp/Viber/Line: +91-8800481100
How to Start the NRI Surrogacy Process in India?
✅ Confirm legal eligibility based on marital status, medical need, and genetic link.
✅ Obtain a Certificate of Essentiality & Medical Board clearance.
✅ Sign a legally binding surrogacy agreement through a registered ART clinic.
✅ Secure a court-issued parental order before the baby’s birth.
✅ Complete visa and exit formalities for the newborn.
FAQ for legal surrogacy in India
Is surrogacy legal in India?
Surrogacy in India has seen big changes in laws recently. Before, commercial surrogacy was legal from 2002 to 2015. But now, the Surrogacy (Regulation) Act, 2021 has made it illegal. It only allows altruistic surrogacy for needy, infertile Indian couples who meet strict criteria.
What are the types of surrogacy in India?
There are two types of surrogacy in India. Altruistic surrogacy means no money is paid to the surrogate. Commercial surrogacy, where money is paid, was legal until 2015 but is now banned.
What are the reasons for the ban on commercial surrogacy in India?
The ban on commercial surrogacy came after a surge in the industry from 2002 to 2015. This growth led to the exploitation of surrogate mothers. They faced poor conditions and unfair pay. The government banned it to protect them.
What are the eligibility criteria for surrogacy in India?
The Surrogacy (Regulation) Act, 2021 has strict rules for surrogacy. The couple must be Indian, married, and infertile. The woman must be 23 to 50, and the man 26 to 55. They must not have any living children.
The surrogate mother must be an Indian woman, 25 to 35, with her own child. She can only be a surrogate once.
What are the rights and responsibilities of surrogate mothers in India?
Surrogate mothers in India have rights and duties under the Surrogacy (Regulation) Act, 2021. They must be healthy and cannot use their own gametes. They can only be a surrogate once and must have insurance for 36 months.
They can stop participating until the embryo is implanted. They can also choose to end the pregnancy under certain laws.
What are some viable alternatives for intended parents outside of India?
With commercial surrogacy banned in India, parents are looking elsewhere. Countries like Mexico, Argentina, Colombia, Georgia, and Armenia offer legal surrogacy options. These places provide a safe and regulated environment for surrogacy.
Source Links
- https://surrogate.com/intended-parents/international-surrogacy/surrogacy-in-india/ – Surrogacy in India: What You Need to Know | Surrogate.com
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10327345/ – The advantages and disadvantages of altruistic and commercial surrogacy in India
- https://www.americansurrogacy.com/parents/surrogacy-in-india – Surrogacy in India – International Surrogacy
- https://enrouteindianhistory.com/what-are-the-laws-of-surrogacy-in-india/ – What are the Laws of Surrogacy In India?
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10199460/ – The Surrogacy Regulation Act of 2021: A Right Step Towards an Egalitarian and Inclusive Society?
- https://en.wikipedia.org/wiki/Surrogacy_in_India – Surrogacy in India
