Is Surrogacy Legal In India?

Assisted reproductive technology has revolutionized how the world deals with infertility. In India, techniques like IUI and IVF have helped thousands of couples have children of their own. While the legal guidelines for these techniques have remained mostly the same, other ART methods like surrogacy have witnessed an extreme change. So, is surrogacy legal in India in 2025? Read on to find out.

What is Surrogacy?

Surrogacy is an ART technique that helps people who are unable to carry children on their own. A woman, called the surrogate, agrees to carry the baby of such couples. The surrogacy process mimics the IVF process exactly, with a single change: a surrogate grows the baby in her belly, not the intended mother.

First, an embryo is created with the intended parents’ gametes, and then the embryo is transferred to the uterus of the surrogate. There, it implants on her uterine lining and will eventually grow into a baby.

After the surrogate delivers the baby, she hands it over to the intended parents. She must also legally give up parental rights before becoming a surrogate. The intended parents are registered as the baby’s parents on its birth certificate, not the surrogate.

The Surrogacy Regulation Act (2021)

The Surrogacy (Regulation) Act, 2021, brought about a massive change in surrogacy as India knows it. Prior to this act being passed, surrogacy was subject to extremely limited legal jurisdiction.

This had created a very unsafe environment for surrogates, who often came from impoverished families and risked their health to become surrogates. The Surrogacy (Regulation) Act, 2021, banned commercial surrogacy and restricted access to only those who truly needed it for medical reasons. This act has helped make the process more transparent, ethical, and safe.

The Difference Between Altruistic and Commercial Surrogacy

One of the most important changes in India’s legal framework is the ban on commercial surrogacy.

Commercial Surrogacy

In commercial surrogacy, surrogates are paid beyond medical expenses. It is now illegal in India.

Altruistic Surrogacy

Only medical expenses, insurance, loss of wages and other incidental costs are covered in altruistic surrogacy. No extra money or ‘gifts’ are paid to the surrogate. This ensures that surrogacy remains a selfless act rather than a business.

So, to reiterate, only a certain type of surrogacy is legal in India. This ensures that the process of surrogacy remains safe and ethical for both the intended parents and the surrogate.

Who is Eligible for Surrogacy in India?

In India, according to The Surrogacy (Regulation) Act, 2021, surrogacy is limited to a certain subset of the population.

To undergo surrogacy in India, you must fulfill the following eligibility criteria:

You must be Indian citizens or an Overseas Citizen of India (OCI)
You must be a heterosexual married couple
You must have been married for at least five years
You must have a medical diagnosis of infertility

The following are not eligible for surrogacy:

Foreign nationals
Single men
Single women
Homosexual couples
Heterosexual couples who have not been medically diagnosed with infertility

For surrogacy approval in India, the intending parents also need proof of their Indian citizenship, a marriage certificate, a certificate of essentiality, and a certificate of medical indication of infertility.

Updates To The Surrogacy (Regulation) Act, 2021

In the years following the passing of the act, certain changes were made to the legal guidelines for surrogacy.

Single Donor Gametes Allowed

Couples now have the option of using a single donor gamete (egg or sperm) during the surrogacy process. This provides more freedom to infertile couples who want to undergo surrogacy.

Medical Support For Surrogates

Surrogates are now entitled to comprehensive health insurance to cover any pregnancy-related issues. This also ensures that they don’t end up paying for any medical treatment out-of-pocket.

How To Choose A Registered Surrogacy Clinic in India?

Surrogacy in India must be carried out by a registered surrogacy clinic in India. These clinics abide by all the legal regulations for surrogacy and help couples access the service in a completely law-abiding way. This also safeguards the surrogate by ensuring that the woman is willingly choosing to carry the intended parent’s baby and has not been coerced into it.

Corion Fertility Clinic, one of India’s best and most foremost surrogacy clinics. We are a registered surrogacy clinic and offer surrogacy at extremely affordable costs. We offer transparent pricing, counselling services (for the intended parents and the surrogate), and sometimes even legal assistance.

Challenges To The Surrogacy (Regulation) Act, 2021

While the new laws protect surrogates, they have also created significant hurdles for certain patients. The number one criticism of the Surrogacy (Regulation) Act, 2021, is that it provides limited eligibility. Many groups, such as single parents and LGBTQ+ couples are excluded from undergoing surrogacy. The laws are also unclear in certain areas, as they do not clearly outline if widowed individuals are eligible for surrogacy or not.

Moreover, due to the strict criteria, and since only altruistic surrogacy is allowed, many couples struggle to find a surrogate. This is also one of the major hurdles of the process, as the couple needs to find the surrogate themselves and cannot take the help of a third-party organisation like a surrogacy agency or clinic.

Another significant criticism of the surrogacy process in India is the long legal process. The approvals, contracts, and clinic registrations can all be time-consuming and frustrating to deal with for intended parents. Some surrogacy clinics like Corion Fertility Clinic do offer assistance with legal matters.

The Future Evolution of Surrogacy in India

As of 2025, surrogacy laws are still evolving. Many activists and doctors are pushing for the inclusion of single parents and LGBTQ+ couples, clearer compensation guidelines for surrogates (beyond just medical expenses), and a faster approval process.

Whether these changes will be implemented soon is uncertain, but there is growing momentum toward making surrogacy more inclusive and balanced. This change is mainly led by the members of the excluded communities themselves.

Concluding Thoughts: Is Surrogacy Legal in India?

Yes, surrogacy is legal in India, as long as it follows the guidelines laid down in the Surrogacy (Regulation) Act, 2021. Commercial surrogacy is completely illegal, as is doing surrogacy when there is no medical necessity for it. Surrogacy for single parents or homosexual couples is currently illegal. Additionally, couples must meet the eligibility requirements and only work with registered clinics.

Surrogacy can be a joy and a blessing to infertile couples. At Corion Fertility Clinic, we take pride in ensuring that our patients receive the best quality of service at affordable costs. Book a consultation today and find out if surrogacy is right for you.

Frequently Asked Questions:

Q. Is it legal for a surrogate to claim parental rights of the baby?
A. No, the surrogate signs a contract relinquishing any parental rights over the baby. She cannot legally claim parentage over the baby after its birth.

Q. Will commercial surrogacy ever be made legal again?
A. Commercial surrogacy requires a highly regulated system with tight legal guidelines and supervision. It is unlikely to be made legal in India again.

Q. Can foreigners undergo surrogacy in India?
A. No, surrogacy in India is currently restricted to Indian citizens only.

Q. Can LGBTQ+ couples or single parents opt for surrogacy?
A. As of 2025, the Surrogacy (Regulation) Act, 2021, does not permit LGBTQ+ couples and single men and women to choose surrogacy in India.

Q. Can I use two donor gametes for surrogacy?
A. No, you cannot use two donor gametes for surrogacy according to the latest surrogacy guidelines. However, using only a single donor gamete (egg or sperm) during surrogacy is allowed.