Legal Issues Related To Surrogacy In India- Updated Surrogacy Guide for Indian Surrogacy in 2025
The Indian Parliament approved legislation to better regulate fertility and surrogacy practices in the country and protect the health of the women involved. The Assisted Reproductive Technology (Regulation) Bill 2021 aims to maintain a standard of infrastructure, equipment, and personnel at fertility clinics. Lets discuss in detail Legal Issues Related To Surrogacy In India.
The Surrogacy (Regulation) Bill 2020 proposes increased health insurance coverage to 36 months, prohibits paid surrogacy, and allows divorced or widowed women to have children through surrogacy. Criticism of the bills highlights the lack of inclusion of single parents and LGBTQ+ communities.
Read more: https://prsindia.org/files/bills_acts/bills_parliament/2020/The%20Assisted%20Reproductive%20Technology%20(Regulation)%20Act,%202021.pdf
Additional guide for surrogacy laws in India:
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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
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
When should people go for surrogacy?
There are a variety of reasons why couples around the world might choose surrogacy. Here are a few reasons –
- Same-Sex Couple – Gay couples, especially men, will use surrogacy to have a child of their own by donating their sperm. They are taking the help of the eggs donated to have their own baby.
- Advanced age of the mother – In these situations where the age is higher, carrying the pregnancy is more dangerous because the infant may not be easier to bear.
- Repeated IVF failures – If the intended couple has tried to become pregnant several times using ART techniques like IVF but has failed miserably. So, in this case, the gestational surrogacy process might be a good option for the parents.
- Severe disease of the mother – If pregnancy is not easy for the mother or the unborn child due to some chronic diseases like heart disease and kidney disease.
- Hysterectomy – If a mother has removed her uterus due to some medical issues or is born with a nonfunctional uterus, then surrogacy is the best option for that couple.
Types of Surrogacy
There are basically 2 types of surrogacy –
- Gestational surrogacy – In gestational surrogacy, the surrogate does not use her own egg. The egg used belongs to the intended mother or could choose an egg donor similarly, the sperm used belongs to the intended father or the sperm donor. The gestational carrier has no biological relationship with the child.
- Traditional surrogacy – In traditional surrogacy, the egg used, belongs to the surrogate. Thus, having a biological relationship with the child.
Gestational Altruistic Surrogacy in India: What you should know?
As per the Surrogacy Regulation Act, 2021, below are the factors that need to be considered while opting for a surrogate mother in India:
THE SURROGACY (REGULATION) ACT, 2021
- 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 the 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.
The documents needed to do surrogacy:
- Approval for availing surrogacy from the state ART board has to be produced.
- Certificate of eligibility of intending couple or woman,
- Certificate of eligibility of surrogate mother,
- Certificate of essentiality,
Read more on this topic:
Top 10 surrogacy doctors in India with affordable surrogacy cost
How much does surrogacy cost in India?
All you need to know about surrogacy in India?
Conclusion
If you consider surrogacy as an international intended parent in India. It is best to consider other locations to achieve your surrogacy goals in order to avoid legal ramifications.
Local Indian intended parents, need to get in touch with the best surrogacy clinics in India and seek the current status of surrogacy laws.
Is the surrogacy ban in India and if not, how we can move ahead?
To confirm all this, can you give below detail to see if we can assist you with altruistic surrogacy in India legally?
- Female Partner Age:
- Male Partners Age:
- Citizenship:
- Marital status:
- Any child?:
- Medical reason for surrogacy:
- Self or donor cycle: Self-eggs
- Present location:
If you will not be eligible for gestational 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.
About IVF Conceptions: Your Trusted Partner in International Surrogacy
At IVF Conceptions, we bring over 15 years of experience in the fertility and international surrogacy domain, providing trusted guidance to more than 4,000 intended parents across the globe. We specialize in offering secure, legal, and affordable surrogacy solutions tailored to the unique needs of all family types—single parents, gay couples, and heterosexual couples alike.
Our team is led by experts with extensive experience in holistic infertility consulting and third-party reproduction. We are proud members of leading industry organizations such as the European Fertility Society (EFS) and the European Society of Human Reproduction and Embryology (ESHRE), ensuring that our practices align with the highest ethical and professional standards.
Committed to empowering intended parents with accurate, up-to-date, and compassionate guidance, IVF Conceptions stands as a beacon of trustworthiness, expertise, and authority in the surrogacy field. Through our meticulous approach and unwavering dedication, we aim to help families grow with integrity, care, and love.
Get in touch for a Free Surrogacy Consultancy:
+91-8800481100 ( WhatsApp, Line, Viber)
Why Choose us for your smooth and successful surrogacy journey!!
• Option of choosing multiple surrogacy destinations with 1 5+ Years of international surrogacy experience.
• Getting a chance to work with elite fertility clinics/agencies with a proven track record with references from existing IPs.
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental, etc.
• All transparent financial transactions with affordability. You make a direct payment with no additional fee on top.
• No hidden agent fee or surprise cost later on. All fees are paid directly as per the agreement signed with the service provider.
• Dedicated case manager to each IPs.
• Honest, transparent, and quick communications.
• Assistance in all legal matters about visa and taking baby home process.
• Local support with access to all medical reports of egg donors and surrogate mothers.
• Assistance in all logistics of frozen sperm/embryo shipments.
• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.
FAQs on Legal Issues Related To Surrogacy In India
What are the surrogacy legal challenges?
Surrogacy involves various legal complexities depending on the country or state. These challenges include defining the parental rights of the intended parents, the citizenship of the child, and the rights of the surrogate mother. Legal representation is essential to navigate these challenges.
What are the common surrogacy legal issues?
Surrogacy legal issues often include enforcing surrogacy contracts, ensuring legal parentage, and addressing disputes between intended parents and surrogates. The lack of uniform surrogacy laws globally adds to the complexity.
What surrogate mother legal issues might arise?
Surrogate mother legal issues include the surrogate’s rights during pregnancy, compensation, and potential custody disputes. Ensuring that contracts are legally binding is crucial to protect all parties involved.
What are the legal issues of surrogacy in India?
The legal issues of surrogacy in India involve restrictions on commercial surrogacy, eligibility criteria for intended parents, and requirements under the Surrogacy (Regulation) Act. These laws significantly limit the practice in the country.
Are there legal issues with surrogacy globally?
Yes, legal issues in surrogacy vary by country. In some countries, commercial surrogacy is banned, while others allow only altruistic surrogacy. International surrogacy arrangements often face additional complications, such as citizenship and visa requirements for the child.
What are the surrogacy rules in India in 2024?
The Surrogacy (Regulation) Act mandates that only altruistic surrogacy is allowed. Surrogacy is limited to married Indian couples who meet specific criteria, with restrictions on single parents and foreign nationals.
Why is commercial surrogacy banned in India?
Commercial surrogacy is banned in India to prevent exploitation of economically disadvantaged women and ensure ethical practices. The focus is on altruistic surrogacy to maintain transparency and protect surrogates.
What is the status of traditional surrogacy in India?
Traditional surrogacy, where the surrogate uses her own egg, is generally not allowed under the Surrogacy (Regulation) Act. Only gestational surrogacy, where the surrogate is not genetically related to the child, is permitted.
Where is surrogacy illegal?
Surrogacy is illegal in countries like Germany, France, and most parts of Africa. Regulations also vary within countries, such as certain U.S. states where surrogacy is prohibited.
Why was surrogacy banned in India?
Surrogacy was banned in India for commercial purposes to address concerns of exploitation and unethical practices. The Surrogacy (Regulation) Act now permits only altruistic surrogacy for specific eligible couples.
What are the surrogacy laws in India?
The Surrogacy (Regulation) Act governs surrogacy in India, allowing altruistic surrogacy for married Indian couples under strict eligibility criteria. Foreign nationals and LGBTQ+ couples are currently excluded.
Is surrogacy legal in the US?
Yes, surrogacy is legal in many U.S. states, but the laws vary. Some states allow both commercial and altruistic surrogacy, while others restrict or ban it entirely.
What are the legal implications of surrogacy?
The legal implications of surrogacy include ensuring parental rights, drafting enforceable contracts, and addressing ethical and financial considerations. Each country’s legal framework significantly impacts these implications.
What is the legal procedure for surrogacy in India?
The legal procedure for surrogacy in India involves compliance with the Surrogacy (Regulation) Act, which includes obtaining certificates of eligibility and essentiality, court approvals, and following ethical guidelines.
What is the Surrogacy Regulation Act 2021?
The Surrogacy Regulation Act 2021 regulates surrogacy in India by allowing only altruistic surrogacy, specifying eligibility criteria, and banning commercial surrogacy.
What is the cost of surrogacy in India?
The cost of surrogacy in India varies but is lower compared to many countries due to the restriction to altruistic surrogacy. Medical expenses and related fees are the primary components.
Is single-parent surrogacy legal in other countries?
Yes, single-parent surrogacy is legal in several countries, including the U.S., Canada, and some European nations. However, India currently prohibits surrogacy for single parents under its laws.
What are the ethical and legal issues in surrogacy?
Ethical and legal issues in surrogacy include the exploitation of surrogates, the commodification of children, and discrepancies in laws across jurisdictions.
What are the types of surrogacy allowed in India?
India permits only gestational surrogacy under the Surrogacy (Regulation) Act. Traditional surrogacy, where the surrogate uses her egg, is not allowed.
Why is surrogacy considered legal in some regions?
Surrogacy is considered legal in regions where the practice is governed by well-defined laws that ensure ethical, medical, and financial transparency.
