Surrogacy Eligibility in India
Who can legally opt for surrogacy under the Surrogacy (Regulation) Act, 2021 — clear criteria for intending parents and surrogate mothers.
Eligibility for an Intending Couple
- A legally married Indian man and woman
- Wife aged 23–50 years; husband aged 26–55 years
- A medical indication for surrogacy, certified by a District Medical Board
- No surviving child — biological, adopted or via surrogacy (narrow medical exceptions apply)
- An eligibility certificate and certificate of essentiality from the appropriate authority
Eligibility for a Single Woman
- A widow or divorcee aged 35–45 years
- Must use her own egg together with donor sperm
- Meets the same certification requirements as a couple
NRI & OCI Eligibility
Eligible NRIs and OCI cardholders of Indian origin may opt for surrogacy in India, provided they satisfy the same age, marital-status, medical and certification conditions.
Donor Gamete Rule (Feb 2024 Amendment)
Use of one donor gamete (egg or sperm) is permitted only when a District Medical Board certifies that the husband or wife has a medical condition requiring it. At least one gamete must come from the intending couple — so if both partners are unable to provide gametes, surrogacy is not available to them.
Surrogate Mother Eligibility
- A willing, ever-married woman with a child of her own
- Aged between 25 and 35 years
- Can act as a surrogate only once in her lifetime
- Certified as medically and psychologically fit
Certificates You Will Need
- Certificate of essentiality (medical indication + insurance + court order for parentage)
- Eligibility certificate for the intending couple/woman
- Eligibility certificate for the surrogate mother
- Mandatory 36-month insurance cover for the surrogate
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Eligibility Questions Answered
Only a single woman who is a widow or divorcee aged between 35 and 45 years is eligible. Single men and unmarried single women are not currently eligible under the law.
Yes, eligible Overseas Citizens of India (OCI) and NRIs of Indian origin may opt for surrogacy in India subject to meeting the same eligibility and certification requirements.
Under the February 2024 amendment, one donor gamete (egg or sperm) is permitted if a District Medical Board certifies that one partner has a qualifying medical condition. At least one gamete must come from the intending couple.
A couple with a surviving child (biological, adopted or through surrogacy) is generally not eligible, except in narrow cases such as a child with a life-threatening disorder or disability.
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