Surrogacy Laws in India 2025: What Every OCI and NRI Couple Must Know

Surrogacy in India is very different now with new laws. Now, only married Indian citizens, NRIs (Non-Resident Indians), and OCI (Overseas Citizens of India) cardholders are allowed to use surrogacy.

This guide walks you through the basic rules, the process you are supposed to follow, and what you should be aware of if you are an NRI/OCI couple who is planning for surrogacy in India.

What is Surrogacy?

Surrogacy is the practice of a woman (the surrogate) becoming pregnant, then turning over the baby to a couple (the intended parents.) In India, only “altruistic surrogacy” is legal; this means the surrogate cannot be paid any money, other than her medical expenses and insurance.

Who all are eligible for Surrogacy in India?

To avail surrogacy in India, you are required to:

• Be a married couple.
• For the husband, 26-50 years, and for the wife, 23-50 years.
• Present a medical certificate demonstrating infertility or a risk to health in the event of pregnancy.

For OCI Cardholders:

• The couple must have been married for two years.
• Obtain a letter from the embassy or foreign ministry of your foreign country saying that they permit surrogacy and will permit the child to enter their country.
• Visit an authorized IVF clinic in India.
• Sign a formal surrogacy agreement (notarized) between you and your surrogate.

For NRIs:

• Both partners should be married for a minimum of two years.
• Provide an infertility medical certificate.
• Visit an accredited IVF center in India.
• Sign a notarized surrogacy contract (or legal agreement) with the surrogate.
• Obtain a letter from the embassy of your country stating that they do recognize surrogacy and that they will allow your child to enter the country.

Steps for Surrogacy in India

1. Check Eligibility
   • Just be sure to follow the legal and medical rules.
   • Gather any documents, such as your marriage certificate and proof of infertility.
2. Prepare the Paperwork
   • Write affidavits and agreements.
   • Get them approved.
3. Get Approvals
   • Get a certificate of “essentiality” from the authorities.
   • Obtain a court order permitting you to act.
4. Surrogate Verification
   • The surrogate must also be healthy and approved psychologically and medically.
5. Go Through the IVF Process
   • The medical team assists with embryo transfer, pregnancy, and delivery.
6. Final Steps
   • The surrogate executes a No Objection Certificate (NOC) after the baby is delivered.
   • Finish all legal paperwork.

Important Rules

• Altruistic Surrogacy Only: You are not allowed to pay the surrogate any more than what the requested from their surrogacy agency.
• Married Couples Only: If you are single, a same sex couple, or unmarried, you cannot pursue surrogacy in India.
• Health Insurance for Surrogates: Insurance for the surrogate’s health is required for 36 months following the birth of the child.
• Certificates Required: Official approval certificates are required both by the intended parents and the surrogate before beginning the process.

Challenges and Concerns

• Only heterosexual, married couples are eligible for surrogacy.
• It can take time to secure all documents and approvals.
• Legally, the surrogate must be a close relative, but “close” is not well defined.

Why Legal Help is Important

Indian surrogacy law is strict. If you are an OCI or NRI, consult a family lawyer who knows the Indian laws as well as the laws of numbers of your home country.

This makes sure everything runs smoothly and aboveboard.

Final Thoughts

When it comes to surrogacy in India, Indian married couples, NRIs, and OCIs can still make that a reality but with a strict code of conduct.

Get your documents kicked into gear, get help, and make sure you do it all legally and ethically. This is good news for couples who desire to be parents through surrogacy.

Read More: Is Surrogacy Legal in India?