Surrogacy in India — Overview & Key Facts
What is allowed
- Altruistic surrogacy for eligible Indian couples & single women
- Medical expense & insurance reimbursement for surrogate
- Egg or sperm donor use in surrogacy (since Feb 2024)
- Indian citizens and OCI cardholders only
- IVF, IUI, gamete donation at registered ART clinics
- Up to 3 surrogacy attempts per couple
- Single embryo transfer per attempt
What is prohibited
- Commercial surrogacy — any monetary payment to surrogate
- Foreign nationals as intended parents
- LGBTQ+ individuals and unmarried couples
- Single men pursuing surrogacy
- Sex selection of embryos
- Sale or commercial transfer of gametes or embryos
- Surrogacy brokerage agents or middlemen
- Abandoning a child born through surrogacy
Who oversees it
- National ART & Surrogacy Board — chaired by Union Health Minister; sets policy and standards
- State ART & Surrogacy Boards — state-level implementation and oversight
- National Registry — central database of all registered clinics and banks
- District Medical Board (DMB) — issues certificates for intended parents and surrogates
Why these laws exist
India was once estimated to be a $400M+ commercial surrogacy industry with ~3,000 clinics. The new laws were enacted after the Law Commission of India's 228th Report (2009) recommended prohibiting commercial surrogacy to end exploitation, abandonment of children, and unethical practices. The regulatory framework now brings accountability, transparency, and protections for all parties.
Who is Eligible for Surrogacy in India?
Intended parents — married couple
Heterosexual married couple
- Indian citizens or OCI cardholders
- Legally married for at least 5 years
- Wife: 25–50 years of age
- Husband: 26–55 years of age
- No healthy surviving biological or adopted children
- Medically proven infertility certificate from District Medical Board
- Must obtain Certificate of Essentiality & Certificate of Eligibility
Divorced or widowed woman
- Indian citizen or OCI cardholder
- Age between 35–45 years
- Must be divorced or widowed (documented proof required)
- No healthy surviving biological or adopted child
- Medically indicated need for surrogacy
- Must obtain eligibility and essentiality certificates from DMB
Surrogate mother — requirements
25 to 35 years
Must fall within this age range at the time of the surrogacy agreement
Married with one child
Must have at least one biological child of her own before acting as surrogate
Once only
A woman can serve as a surrogate mother only one time in her lifetime
Close relative
Must be a close relative of the intended couple or the intending woman
Medically & psychologically fit
Must pass thorough medical and psychological screening by registered practitioners
Written informed consent
Informed, written consent mandatory after proper counseling sessions — cannot be coerced
The Surrogacy Process — Step by Step
The surrogacy journey — step by step
Medical consultation & ART treatment
Intended parents undergo health evaluations at a registered ART clinic. Eggs, sperm, or embryos are extracted and cryopreserved as required. A 60-day wait period is mandatory after oocyte retrieval before transfer.
Locate a qualified surrogate
A willing close relative who meets all eligibility criteria is identified by the intended parents. Paid surrogacy agencies and brokerage are strictly prohibited — no middlemen are permitted under the law.
Mandatory counseling sessions
Both intended parents and the surrogate mother must complete mandatory counseling sessions to ensure a comprehensive, informed understanding of the process, rights, obligations, and potential risks.
Apply to the District Medical Board (DMB)
Applications are submitted to the DMB with proof of age, marriage, citizenship, medical necessity, and surrogate eligibility. The DMB issues two key certificates: (a) Certificate of Medical Indication for intended parents and (b) Certificate of Eligibility for the surrogate.
Surrogacy contract
A legally binding, notarized surrogacy contract is signed by all parties before any clinical procedure begins. It must cover medical expenses, insurance (mandatory 36-month coverage), informed consent, and obligations of each party. This contract is preserved by the clinic for 25 years.
State Authority approval
The signed contract, along with DMB certificates and all supporting documents, is submitted to the appropriate State Authority for final approval. No clinical procedure can commence without this approval.
Embryo transfer
Only after all approvals, certifications, and the signed contract are in place does the registered ART clinic perform the embryo transfer into the surrogate mother. Only a single embryo can be transferred per attempt; a maximum of three attempts are permitted.
Pregnancy & comprehensive prenatal care
The surrogate receives full prenatal medical care throughout the pregnancy, covered by the intended parents as specified in the surrogacy contract. All medical decisions are guided by the contract terms and applicable laws.
Birth registration & parentage order
The child born through surrogacy is registered as the legal child of the intended parents from birth. A Parentage Order from a First Class Magistrate is also obtained. The child holds all rights — including inheritance — of a natural-born child. Parents cannot abandon the child under any circumstance.
ART Banks & Donor Registration in India
Registration & Oversight
- Every ART bank must register under the National Registry of Banks & Clinics of India
- Registration fee: ₹50,000 for 5 years
- State governments appoint registration authorities
- Must display registration certificate prominently in the facility
- Subject to inspections by the National ART & Surrogacy Board
- ART banks cannot simultaneously offer surrogacy-related services
What ART Banks Do
- Store and distribute sperm, oocytes, and embryos
- Screen donors for medical, genetic, and infectious conditions
- Maintain strict donor anonymity
- All donor documents kept in locked, restricted-access lockers
- Must employ a registered medical practitioner trained in gamete handling, preparation, and storage
- Issue gametes only to registered, compliant ART clinics
Gamete Donation Rules
- Donors must be anonymous
- Aadhaar card details collected for records but kept confidential
- Commercial sale or transfer of gametes, embryos, or zygotes is strictly prohibited
- One oocyte donor may donate to only one recipient
- Only a person transferring their own gametes is exempt from the transfer ban
- HIV, Hepatitis B & C testing mandatory before any donation
Documentation Requirements
- All records — consent forms, agreements, reports — preserved for 25 years
- Documents made available to regulatory authorities during inspections
- During legal proceedings, records maintained until case resolution
- National Registry acts as central database for all ART clinics and banks nationwide
- Data shared with registry may include personal details of donors and commissioning parties
Rules, Penalties & Compliance Under the Surrogacy Act 2021
Penalties for violations
Commercial surrogacy
Up to 10 years imprisonment and fines extending up to ₹10 lakh for paying a surrogate beyond medical expenses and insurance, or for operating an unregistered surrogacy clinic.
Other serious violations
Sex selection, child abandonment, surrogacy brokerage, and operating without registration all attract fines up to ₹10 lakh and possible imprisonment. Unregistered clinics face immediate closure.
Protections for the surrogate
Medical coverage
All medical expenses during and after pregnancy, including prenatal care, delivery, and postpartum complications, must be borne entirely by intended parents.
36-month insurance
Mandatory insurance coverage for the surrogate for 36 months from the time of the agreement, covering postpartum complications. Must be in place before embryo transfer.
Informed consent
Written, informed consent is required after proper counseling. Consent cannot be obtained under duress or without full disclosure of all relevant medical and legal information.
Rights of the child
The child born through surrogacy is legally the child of the intended parents from birth, entitled to all rights including inheritance, nationality, and identity. Abandoning the surrogate child — for any reason, including sex, birth defects, or medical conditions — is a criminal offense under the law.
Key criticisms & ongoing debates
Exclusion of LGBTQ+
The law permits only heterosexual married couples and single divorced/widowed women. This is widely criticized as conflicting with the Supreme Court's Navtej Singh Johar v. UOI landmark ruling decriminalizing same-sex relations between consenting adults, and violates Article 14 (right to equality).
Surrogate autonomy
Banning compensatory surrogacy is seen as denying women the right to benefit from their reproductive labor (contra Suchita Srivastava v. Chandigarh Administration). Critics argue it may push commercial arrangements underground, increasing risk to vulnerable women.
Official Government Resources & Links
Verified government sources
National ART & Surrogacy Portal
Operated by Department of Health Research (DHR), Ministry of Health & Family Welfare — designed & hosted by NIC
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GOV.IN artsurrogacy.gov.in — Official National ART & Surrogacy Portal The primary government portal for all ART and surrogacy information, policies, and updates in India.
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GOV.IN registry.artsurrogacy.gov.in — National ART & Surrogacy Registry Official registration portal for ART clinics, ART banks, and surrogacy clinics. Clinics register and submit applications here.
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INDIA.GOV.IN india.gov.in — National ART & Surrogacy Registry (National Portal of India) National Portal of India listing for the ART & Surrogacy Registry under Ministry of Health and Family Welfare.
Department of Health Research (DHR) — Acts & Circulars
Ministry of Health & Family Welfare, Government of India — dhr.gov.in
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GOV.IN dhr.gov.in — Acts & Circulars Page (DHR) Official DHR page with downloadable PDFs of the Surrogacy Act 2021, ART Act 2021, all Gazette Notifications, and Amendments.
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GOV.IN dhr.gov.in — Gazette Notification: National ART & Surrogacy Board Official gazette notification constituting the National ART and Surrogacy Board under the ART Act and Surrogacy Act, 2021.
Full Text of Acts — India Code & ICMR
indiacode.nic.in (Ministry of Law & Justice) and icmr.gov.in
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PDFNIC.IN indiacode.nic.in — Surrogacy (Regulation) Act, 2021 — Full Text PDF Complete official text of The Surrogacy (Regulation) Act, 2021 (Act No. 47 of 2021) from India Code, Ministry of Law & Justice.
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ICMR icmr.gov.in — ART Act 2021 & Surrogacy Act 2021 (ICMR Page) Indian Council of Medical Research (ICMR) official page with downloadable PDFs of both the ART Regulation Act and Surrogacy Regulation Act 2021.
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PDFNIC.IN thc.nic.in — Surrogacy (Regulation) Rules, 2022 — Full Text PDF Complete official Surrogacy Rules 2022 including all forms, surrogate affidavit templates, and certificate formats. Hosted on NIC (National Informatics Centre).
State Government Resources
State-level official portals with acts, checklists, and FAQs
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DELHI GOV.IN hfw.delhi.gov.in — Surrogacy & ART Act (Directorate of Family Welfare, Delhi) Comprehensive resource with downloadable PDFs of the ART Act, Surrogacy Act, Rules 2022, FAQ documents, insurance product list, and the Feb 2024 amendment.
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UK.GOV.IN health.uk.gov.in — ART & Surrogacy (Uttarakhand Health Dept.) Uttarakhand state health department page with list of registered clinics, ART Rules 2022, appropriate authority orders, and surrogacy amendment rules.