Eligibility Criteria of Surrogacy- Detailed Guide

Surrogacy in India - Eligibility & Legal Process

Surrogacy in India has transitioned from an unregulated commercial practice to a highly regulated altruistic model under the Surrogacy (Regulation) Act, 2021. This legislation provides a clear legal framework to protect the surrogate mother and the child while ensuring that only genuine, needy couples can pursue this path to parenthood. Understanding the strict eligibility criteria for both the intended parents and the surrogate is the crucial first step.

Eligibility Criteria for Intended Parents

The law strictly prohibits commercial Altruistic Surrogacy , meaning intended parents cannot compensate the surrogate beyond her medical and prescribed expenses. The following table outlines the criteria for eligible individuals and couples.

Criteria	Married Couples	Single Women
Citizenship	Both partners must be Indian citizens.	Must be an Indian citizen.
Marital Status	Legally married for at least five years.	Must be a widow or a divorcee.
Age	Wife: 23-50 years Husband: 26-55 years	35-45 years old.
Medical Necessity	Must have a Certificate of Essentiality from a District Medical Board proving the medical need for surrogacy.	Must have a Certificate of Essentiality proving the medical need for surrogacy.
Child Status	No surviving biological, adopted, or surrogate child (except for a child with a disability or life-threatening condition).	No surviving biological or adopted child.
Gametes	Can use donor gametes if one partner is medically unable to produce them, with certification from the District Medical Board.	Must use her own eggs and donor sperm.

For a compassionate and legally sound surrogacy journey, Parenting Partners provides expert guidance and support to help intended parents and surrogates navigate these complex regulations. Our team is committed to ensuring a transparent and ethical process at every step.

Eligibility Criteria for the Surrogate Mother

The law also sets out rigorous criteria for a woman to become a surrogate, focusing on her safety, welfare, and the ethical nature of the process.

Criteria	Details
Relationship	She must be a close relative of the intended parents.
Marital Status	Must be a married woman.
Age	Must be between 25 and 35 years old.
Prior Children	Must have at least one biological child of her own.
Surrogacy History	A woman can act as a surrogate only once in her lifetime.
Medical & Psychological Fitness	Must have a certificate of physical and psychological fitness from a registered medical practitioner.
Gametes	She cannot provide her own gametes for the surrogacy procedure.

Read More: Is Surrogacy Legal in India?

Important Legal and Procedural Requirements

Beyond the personal eligibility criteria, the legal process is vital. Both parties must obtain several key documents from the appropriate authorities:

Certificate of Essentiality: Issued by the District Medical Board, this document certifies the medical need for surrogacy.
Certificate of Eligibility: Confirms that both the intended parents and the surrogate meet all the legal criteria.
Insurance Coverage: The intended parents must provide a mandatory health insurance policy for the surrogate mother, covering all complications for a minimum of 36 months post-delivery.
Court Order: A court order is required to certify the parentage of the child born through surrogacy.

Conclusion

The Surrogacy (Regulation) Act, 2021, marks a significant shift in India's reproductive healthcare landscape. By promoting an altruistic model and establishing clear, strict criteria, the law aims to prevent the exploitation of vulnerable women and ensure the best interests of the child are always a priority. For anyone considering this path, a thorough understanding of these regulations is not just important—it's essential for a legally and ethically sound journey to parenthood.