Surrogacy Law in India

The Governing Laws

Surrogacy in India is regulated primarily by the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022. The Assisted Reproductive Technology (Regulation) Act, 2021 separately governs IVF and ART clinics. Together they create a strict, ethics-first framework.

Altruistic Only — Commercial Surrogacy Banned

Only gestational, altruistic surrogacy is legal. The surrogate has no genetic link to the child and receives no payment beyond approved medical expenses and insurance. Commercial surrogacy — paying a fee to the surrogate — is a punishable offence.

Eligibility Certificates

Before treatment can begin, intending parents must obtain, from the appropriate authority:

• A certificate of essentiality — confirming the medical indication, the mandatory surrogate insurance, and a magistrate's order for parentage and custody of the child.
• An eligibility certificate for the intending couple or intending woman.
• An eligibility certificate for the surrogate mother.

Regulatory Bodies

Oversight is provided by the National Assisted Reproductive Technology and Surrogacy Board and corresponding State Boards, along with the appropriate authorities who issue certificates and register clinics. All surrogacy clinics must be registered.

The 2024 Donor-Gamete Amendment

A March 2023 rule had required both gametes to come from the intending couple, prohibiting donor gametes. Following Supreme Court intervention (including a case involving MRKH syndrome), the Government issued the Surrogacy (Regulation) Amendment Rules, 2024 in February 2024. This permits the use of one donor gamete (egg or sperm) where a District Medical Board certifies that the husband or wife has a medical condition requiring it. At least one gamete must still come from the intending couple. For a single (widow/divorcee) woman, the law requires use of her own egg with donor sperm.

Protections for the Surrogate

• Participation must be voluntary, with informed written consent.
• The surrogate cannot be forced to abort at any stage, except as medically prescribed.
• Mandatory health insurance covering 36 months must be provided.
• She may withdraw consent before embryo transfer.

Rights of the Child

A child born through surrogacy is deemed the biological child of the intending parents and is entitled to all the rights and privileges of a natural-born child. The parentage order makes this legally binding.

Prohibitions & Penalties

• Commercial surrogacy, paying the surrogate a fee, and exploiting surrogates are prohibited.
• Advertising to recruit surrogates or for commercial surrogacy is banned.
• Abandoning a surrogate child or sex selection is strictly prohibited.
• Violations carry significant penalties, including imprisonment and fines under the Act.

This page is educational and current to the best of our knowledge as of 2026. It is not legal advice. Always confirm the latest requirements with a qualified professional and the appropriate authority before proceeding.