A Comprehensive Guide to Laws, Rights, and Regulations

Surrogacy is an emotional, life-changing journey—but navigating the legal system around it can be daunting. In a diverse country like India, where traditions, technology, and law intersect, understanding your rights and responsibilities in the surrogacy process is crucial.

Whether you’re a hopeful parent or someone supporting them, Parenting Partners is here to walk with you through every legal milestone. Our expert legal advisors ensure you’re empowered with clear, up-to-date knowledge and protected every step of the way.

A Shift in the Legal Landscape

India was once a global surrogacy hub, attracting intended parents from around the world due to lower costs and limited regulation. But by the mid-2010s, concerns about exploitation, lack of legal clarity, and the commodification of women’s bodies led to a wave of reforms.

The turning point came with the enactment of the Surrogacy (Regulation) Act, 2021, which came into effect on January 25, 2022. This Act—further refined in 2024—redefined surrogacy in India by:

• Banning commercial surrogacy
• Allowing only altruistic surrogacy
• Imposing strict eligibility conditions for both intended parents and surrogates
• Establishing national and state regulatory authorities to monitor the process

What Is Altruistic Surrogacy?

Altruistic Surrogacy in India involves no monetary compensation to the surrogate mother—except for medical expenses, insurance coverage, and reasonable incidental costs. Commercial arrangements involving profit are strictly prohibited under Indian law.

Who Can Be an Intended Parent?

The Act permits surrogacy only for:

• Indian married heterosexual couples

• Woman: 23–50 years
• Man: 26–55 years
• Widowed or divorced women aged 35–45 without a surviving biological or adopted child

All intended parents must be infertile due to a certified medical condition, proven through a report issued by a District Medical Board

They must also receive two essential approvals:

• Certificate of Medical Indication
• Certificate of Eligibility (including psychological and financial assessments.

Who Can Be a Surrogate Mother?

To qualify as a surrogate, a woman must:

• Be an Indian citizen, aged 25 to 35
• Be married, with at least one biological child of her own
• Be a close relative of the intended parents (e.g. cousin, sister, sister-in-law)
• Agree to be a surrogate only once in her lifetime

She must also undergo a medical and psychological evaluation and provide informed written consent.

Types of Surrogacy Allowed in India

Only Gestational Surrogacy in India is allowed under Indian law. This means:

• The surrogate has no genetic link to the child.
• The embryo is created via IVF using the gametes (eggs and sperm) of the intended parents or a donor (as allowed under special conditions).

Traditional surrogacy, where the surrobanned duecomplications.

Can Donor Gametes Be Used?

Yes—but with limitations.
Under the 2024 Amendment, if either intended parent cannot contribute their own gamete, one donor gamete (either egg or sperm) may be used—not both.

The use of a donor must be medically justified and certified by a District Medical Board.
This exception addresses situations like premature ovarian failure, azoospermia, or genetic disorders.

Legal Requirements and Documentation

Every surrogacy process in India must involve:

• Legally binding surrogacy agreement signed by both parties
• Medical evaluations and counseling sessions
• Approval from appropriate authorities (District Board + ART & Surrogacy Boards)
• Registration with an authorized surrogacy clinic

Surrogacy Clinics: Regulation and Oversight

Clinics offering surrogacy services must be:

• Registered with the National Assisted Reproductive Technology and Surrogacy Board
• Staffed by qualified medical professionals
• Compliant with national protocols on consent, record-keeping, and ethical practices

These clinics are closely monitored by State Boards to ensure ethical, safe, and transparent services for both intended parents and surrogates.

Rights and Protections for All Parties

The law protects:

🧑‍🤝‍🧑 Intended Parents

• Legal parenthood is granted at birth.
• Full custody and parental rights are immediately transferred upon delivery.
• Mandatory pre-surrogacy counseling helps ensure emotional and legal preparedness.

👩‍🍼 Surrogate Mothers

• Receive full medical care and insurance coverage.
• Must never be coerced—participation is voluntary and must be based on informed consent.
• Cannot claim parental rights over the child.

Ethical and Social Considerations

India’s surrogacy law emphasizes ethics over economics. Its goals include:

• Preventing exploitation of women
• Ensuring surrogacy is not commercialized
• Upholding the dignity of motherhood
• Encouraging informed, compassionate decisions

Still, ethical debates continue around the limits of altruism, autonomy, and inclusion—especially regarding the exclusion of single individuals, LGBTQ+ couples, and foreign nationals.

Penalties for Violation

Violating surrogacy laws in India carries strict consequences:

• Up to 10 years imprisonment
• Fines up to ₹10 lakh (~USD 12,000)
• Includes offenses like commercial surrogacy, misrepresentation, and unregistered clinic operations

Challenges and Future Outlook

Despite progress, challenges remain:

• Implementation gaps in rural or under-resourced regions
• Debate over whether “altruistic” surrogacy is truly voluntary
• Limited access for diverse family structures
• Complexities in interpreting and executing donor-related amendments

Going forward, continual legal refinement, ethical dialogue, and regulatory vigilance will shape India’s surrogacy landscape.

At Parenting Partners, You’re Not Alone

Surrogacy is a deeply personal decision—but the legal journey doesn’t have to be overwhelming. At Parenting Partners, our dedicated legal team offers end-to-end guidance that’s:

• Accurate
• Up-to-date
• Compassionate
• Confidential

Whether you’re an intended parent seeking clarity or a surrogate ensuring your rights are upheld, we’re here to represent your interests—legally, ethically, and wholeheartedly.