A Comprehensive Guide to the New Surrogacy Law in India (2021)
The latest Surrogacy Law in India allows altruistic surrogacy for Indian couples and OCI card holders, who do have medical indications for surrogacy. At the end of 2021, the Indian government introduced a new surrogacy law to regulate surrogacy in the country.
Known as Surrogacy (Regulation) Act, 2021, it outlines the rules and regulations for surrogacy arrangements in India. Additionally, it aims to protect the interests of surrogates, intended parents, and the child born through surrogacy. This law has criminalized commercial surrogacy and restricted who can become a surrogate or intended parent.
In this article we will go deeper into the Surrogacy (Regulation) Act, 2021, which is the latest surrogacy legal framework if you are looking to do surrogacy in India. Let’s discuss the legal framework for surrogacy and the cost of surrogacy in India in great detail.
THE SURROGACY (REGULATION) ACT, 2021/Updated Laws in India about surrogacy
- Altruistic Surrogacy only (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. A genetic link is a must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
- Couple have not had any healthy surviving child biologically or by adoption.
- Have to have Medical indication necessitating gestation surrogacy.
- To obtain a certificate of essentiality from The Appropriate Authority.
- To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
- Parentage Order passed by First class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- 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.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
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 2024)?
Surrogacy In India-Everything Parents Need to Know
Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs
Altruistic Surrogacy Law in India
The prohibition of commercial surrogacy under the new surrogacy law in India has been introduced to prevent the exploitation of women who may be lured into commercial surrogacy arrangements.
The surrogacy law in India – 2021 allows for only altruistic surrogacy, which requires the surrogate mother to carry the child to help another individual or couple without receiving monetary compensation other than medical expenses and insurance coverage.
This provision ensures that surrogacy arrangements in India remain ethical and transparent while prioritizing the well-being of all parties involved.
In addition, the law sets forth several conditions that must be met before a couple or individual can opt for surrogacy in India, emphasizing the importance of responsible and regulated surrogacy practices in the country.
Guidelines for Surrogacy in India as per Surrogacy (Regulation) Act, 2021/laws in India about surrogacy
The surrogacy law in India – 2021 has established eligibility criteria for intended parents seeking to undertake surrogacy.
- As per the law, the intended couple must be lawfully married and meet specific age prerequisites.
- The female partner must fall between the age range of 23 to 50 years, whereas the male partner must be in the age bracket of 26 to 55 years.
- Additionally, the couple must not have any biological offspring from a prior marital union.
- The female partner should have a medical indication for surrogacy with valid medical reports to support this claim.
- The willing surrogate mother should be married with at least one child of her own.
- An unmarried woman may also qualify as an intended parent, provided she falls in the age group of 35 to 45 years and is either married, divorced, or widowed. Nonetheless, if she has a surviving child from a previous marriage, she is ineligible for surrogacy.
- Single males or same-sex couples are prohibited from surrogacy arrangements in India.
- Medical Indication in the Intended Mother is Must
The new surrogacy law in India allows couples to opt for surrogacy under certain medical conditions, including MRKH, unicornuate uterus, multiple IVF failure, miscarriage, or abortion.
Consideration for Surrogate Mothers in India
Becoming a surrogate is a decision that involves meeting a complex set of requirements to ensure a successful outcome.
- Firstly, the surrogate must genuinely wish to carry a child for another couple without any financial incentive, as commercial surrogacy is strictly prohibited.
- In addition, the surrogate must meet specific demographic criteria, such as being a married woman between the ages of 25 to 35 years with at least one biological child.
- Furthermore, medical and psychological fitness certificates are also essential to confirm that the surrogate is physically and mentally capable of undergoing surrogacy, minimizing potential risks to herself and the baby.
- Lastly, surrogacy is regulated to ensure safety, with each surrogate allowed only one attempt and the intended parents restricted to trying surrogacy up to three times. Only one embryo can be transferred during each attempt, ensuring maximum safety for all involved parties.
Legal Requirements for Surrogacy in India as per Surrogacy (Regulation) Act, 2021
The new surrogacy law in India – 2021 mandates several legal requirements that intended parents and surrogates must follow.
- They must submit several documents, including proof of marriage, certificates of age, and a certificate of essentiality for the surrogate, along with a medical indication obtained from the District board.
- The surrogate must also have a certificate of eligibility from the Board.
- Intended parents must provide compensation for the surrogate’s travel, clothes, medicines, tests, and check-ups. However, they are not allowed to offer any monetary expenditure.
- The surrogate must also have insurance for three years, and the intended parents must provide an affidavit or guarantee of her health.
Additional information for Indian surrogacy guidelines:
Surrogacy In India-Everything Parents Need to Know
Legal Issues Related To Surrogacy In India
How Much Does Surrogacy Cost In India ( in 2024)?
Countries Where Surrogacy Is Legal (International Surrogacy 2024)
Becoming a surrogate mother in India
Why Choose the US for Surrogacy in India:
- We were in many ways the first Surrogacy provider since 2007.
- We take pride that we had 100% clearance with our 720+ babies born for international couples.
- Today, the court and lawyer involvement has increased, and so have the clinic’s responsibilities.
- Presently we believe we are the only clinic in India, that is assisting couples at all levels including Certificate clearances, Legal documentation, and Court orders, unlike other clinics, where they are referring to respective people.
- The costs that have increased are primarily towards the legal and government charges and due to multiple legal compliances and approvals, the overall cost of surrogacy has gone up.
- By keeping all the services under one roof ( legal, medical, admins, evaluations, approvals) we save your time and money and make your surrogacy journey a hassle-free experience. (no need to come in person).
- The most affordable cost of surrogacy in India with medical, legal, and admin fee included in one package unlike other service providers who give you a basic price and then keep on adding fees on other services and you end up paying twice the initial surrogacy price that is given.
Current Surrogacy Process in India
Please read below the basic Surrogacy steps:
#1. Intended Parents eligibility
- Intended parents need to be eligible on multiple levels, legally, medically, nationality, age, etc. You will find the list of criteria mentioned here. Click to learn more.
#2. Surrogacy Legal Documentation
- This is the most important event in the process of surrogacy where the legal team will guide you through the new laws and processes.
- Prepare the affidavits, agreements, and other documents. Will file it to the relevant authorities for approval.
#3. NOC and Court order
- You need an essentiality certificate from the Appropriate authority and the Board. Post which the Court needs to provide the Court order.
#4. Surrogate Verification
- Surrogate post verification from the Appropriate Authority, will undergo endometrial preparation and get ready for transfer.
#5. IVF Process
- Once we have all the documents in place we can start the IVF process, surrogate preparation, and plan for a transfer date.
#6. Ante-natal Care (Pregnancy)
- We regularly communicate with you in regards to the progress of the pregnancy and surrogate care throughout the 9 months.
#7. Coordinating Delivery
- Close to the delivery date, we help plan the delivery and the requirements.
- At birth, the baby will be handed over to you and you need to stay in the hospital for 2-3 days to ensure everything is good for the baby.
#8. Closure of Surrogacy
- Post one or two months of delivery, once the surrogate is healthy, she signs off an NOC, which gives a closure for the program.
Cost of surrogacy in India
How much surrogacy costs in India is one of the most common questions to come across. So, without getting into fluff let’s discuss what is surrogacy treatment costs in India and if this is the right fertility treatment option for you or not. The total cost of surrogacy in India is 10 – 20 lakh rupees, however, it can vary depending upon the states, IVF clinics, fertility experts, legal compliances, and what all services are included in the surrogacy package cost.
In this surrogacy in India guide, we will try to answer your specific questions:
- How much does Surrogacy Cost in India in 2024?
- What is the cost of a basic Surrogacy Package in India?
- Surrogate treatment in India with leading surrogacy centers
What is the cost of surrogacy in India?
Costs for Surrogacy in India with a breakdown of services.
|
Surrogacy Cost Component |
Typical Price Range |
What’s Covered |
|
IVF Treatment |
1.5 – 2.5 lakh rupees per cycle (most couples need 2 cycles) |
Includes medical procedures and medications for egg retrieval and fertilization |
|
Surrogacy Fees |
4 – 8 lakh rupees |
Compensation to the surrogate mother |
|
Agency/Clinic Fees |
1 – 2.5 lakh rupees |
Professional fees for surrogacy agency or fertility clinic handling arrangement |
|
Legal Fees |
50,000 – 100,000 rupees |
Lawyer’s fees for drafting contracts between parties |
|
Other Costs |
1 – 2 lakh rupees |
Cover additional expenses like medical insurance, embryo storage/shipment, screening tests |
|
Legal approvals |
4- 6 lakh rupee |
The cost of legal approvals and compliance and NOCs before starting the medical procedure. |
So, the total Surrogacy package cost in India is 20 – 25 lakh rupees. Only Altruistic surrogacy is allowed in India.
Total Surrogacy Packages Costs in India.
|
Surrogacy Package Per IVF Cycle |
Surrogacy Price |
What is included |
|
|
Basic Surrogacy Package |
₹9,00,000 |
· Single IVF cycle · Self eggs · Surrogate mother · Medications |
|
|
Advanced Surrogacy Package |
₹10,00,000 |
· IVF cycle · Egg donor · Surrogate mother · Medications |
|
|
Guaranteed Surrogacy Package |
₹18,00,000 |
· Multiple IVF cycles · Self-eggs or egg donor · Surrogate mother · Medications |
|
In summary:
- The basic surrogacy package covers treatment with your own eggs and a single IVF cycle.
- The advanced package subs in an egg donor.
- The guaranteed package includes multiple IVF cycles with a choice of self/donor eggs to increase the chances of success.
Please note these are medical procedure fees along with the medication fees. The cost of legal compliances and legal approval for surrogacy varies from case to case and state to state.
Feel free to get in touch with us to know about your specific surrogacy case and how much is cost of surrogacy in India is for your specific case.
Conclusion
The representation of the new surrogacy law in India – 2021 has marked a significant milestone in regulating the surrogacy industry, addressing potential ethical and exploitative concerns.
The Act has instilled confidence in aspiring parents seeking surrogacy services, ensuring transparency and safety while safeguarding the fundamental rights of the surrogate mother and child.
This is largely due to the strict penalties imposed on those who breach the Act, such as a fine of up to Rs 10 lakh and imprisonment of up to 10 years.
The continuous refinement of surrogacy regulations in India demonstrates the nation’s strong commitment to protecting all parties involved.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
Get in touch for a Free Surrogacy Consultancy to know laws in India about surrogacy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
To confirm all this, can you give below detail to see if we can assist you with surrogacy in India legally
- Female Partner Age:
- Male Partners Age:
- Citizenship:
- Marital status:
- Any child?:
- Medical reason for surrogacy:
- Self or donor cycle:
- Present location:
If you will not be eligible for surrogacy in India, we can offer other countries as well. We are happy to set up a consultation call to discuss your options and further assistance if needed.
Common Questions Asked for New Surrogacy Laws in India 2024
What are the new rules for surrogacy in India in 2024?
India’s latest surrogacy regulations firmly prohibit commercial surrogacy. Surrogate mothers can no longer receive financial compensation beyond medical expenses and insurance coverage, reinforcing the altruistic nature of surrogacy.
What are India’s surrogacy legislation penalties?
Those who violate surrogacy laws in India may face significant penalties, such as a maximum fine of Rs 10 lakh and imprisonment for up to 10 years.
What are the eligibility criteria for couples who want to opt for surrogacy?
The couple must be married, with a female partner between 23-50 years of age and a male partner between 26-55 years of age. They should not have any children from previous marriages or relationships.
Additionally, the couple must bring a willing woman as a surrogate who is married with at least one child. Only altruistic surrogacy is allowed.
What are the restrictions on single women opting for surrogacy?
Single women who want to opt for surrogacy must be between 35-45 years of age and must either be married, divorced, or widowed. If they have one surviving child from a previous marriage or relationship, they are not allowed to opt for surrogacy.
On the other hand, single male or same-sex couples cannot do surrogacy in India.
What is the eligibility certificate for surrogacy in India?
Eligibility Certificate Requirement for surrogacy in India means to engage in surrogacy in India, both intended parents and surrogate mothers must obtain an eligibility certificate.
These certificates validate their eligibility to participate in the surrogacy process and are issued by the Appropriate Authority, ensuring transparency and legal compliance.
Can the surrogate mother receive any monetary compensation?
No, the surrogate mother cannot receive monetary compensation for her services. However, the intended parents can compensate her for travel, clothes, medicine, tests, check-ups, etc.
Which documents are necessary for surrogacy in India?
The documents necessary for surrogacy in India are:
- Proof of marriage,
- Certificate of age,
- Certificate of essentiality for the surrogate,
- Certificate of medical indication from the District board,
- Certificate of eligibility for the surrogate from the Board,
- The medical indication to the District Court,
- Finally, insurance/certificate of the surrogate for psychology and medical fitness.
Who is eligible for surrogacy in India?
Couples who are unable to conceive naturally due to medical reasons such as MRKH, unicornuate uterus, multiple IVF failure, miscarriage/abortion, or any other appropriate medical reason are eligible for surrogacy.
Is surrogacy legal in India for foreigners?
No, surrogacy in India is not permitted for foreigners. Only OCI card holders can opt for surrogacy in India.
Is embryo donation allowed in surrogacy?
No, embryo donation is not permitted in surrogacy. The intended parents must be biological parents (egg or sperm).
What is the duration of the surrogate’s insurance?
The surrogate’s insurance must cover her for three years ( 36 months).
What are the key changes in the 2024 Surrogacy Law in India?
In 2024, India’s surrogacy law shifted to altruistic surrogacy, prohibiting commercial surrogacy. Surrogates can only receive compensation for medical expenses and insurance. Eligibility criteria for intended parents were established.
Is commercial surrogacy still allowed in India in 2024?
No, commercial surrogacy is banned in India in 2024. Only altruistic surrogacy is permitted, with no monetary gain for surrogates.
Who is eligible to become a surrogate mother under the new law?
Eligible surrogate mothers in 2024 must be married, aged 25-35, and have one biological child. Financial incentives for surrogacy are not allowed.
Resources used:
Surrogacy Regulation Bill 2019
More Resources on the surrogacy process:
- American Society for Reproductive Medicine (ASRM): https://www.asrm.org/
- The American Infertility Association (AIA): https://resolve.org/
- Family Equality Council: https://www.familyequality.org/
- National Center for Lesbian Rights (NCLR): https://www.nclrights.org/