Surrogacy has become an important option for individuals and couples who face difficulties in having children naturally. However, because surrogacy involves medical, legal, and ethical considerations, it is regulated by specific laws in India.
To create a structured and ethical framework for fertility treatment and surrogacy, India introduced two major laws in 2021:
- The Surrogacy Regulation Act, 2021
- The Assisted Reproductive Technology (ART) Regulation Act, 2021
These laws define who can access surrogacy and fertility treatments, who can become a surrogate mother or donor, how clinics should operate, and which practices are prohibited.
This guide explains the key provisions of the surrogacy laws in India in simple language.
Assisted Reproductive Technology (ART) refers to medical procedures used to help individuals or couples achieve pregnancy when natural conception is difficult or impossible.
These procedures involve handling reproductive cells outside the human body before pregnancy is established.
ART includes fertility treatments that may involve:
- Sperm donation
- Egg donation
- Embryo creation
- Laboratory-assisted fertilization
- Embryo transfer procedures
Surrogacy is one of the methods that falls under the broader category of ART. For individuals considering this path to parenthood, understanding the legal requirements, treatment process, and associated expenses is equally important. You can learn more in our detailed guide on Surrogacy in India (2026): A Complete Guide to Costs, Legal Rules & Process.
What Is Surrogacy?
Surrogacy is an arrangement in which a woman carries and gives birth to a child on behalf of another individual or couple who are unable to carry a pregnancy themselves due to medical or other approved reasons.
The child is delivered for the intended parent(s) after birth according to the legal framework established under Indian law.
Types of Surrogacy
Gestational Surrogacy
In gestational surrogacy, the surrogate mother carries a pregnancy using an embryo that is not genetically related to her.
This is the only form of surrogacy permitted under Indian law.
Traditional Surrogacy
Traditional surrogacy involves the surrogate mother’s own egg being used for pregnancy.
This form of surrogacy is not permitted under current Indian regulations.
Commercial vs Altruistic Surrogacy
Surrogacy arrangements are generally categorized into two types. If you are new to the topic and want to understand the basic concept before learning about legal regulations, you can read our detailed guide on Surrogacy Kya Hai? Surrogacy Kya Hota Hai? Hindi Guide.
Commercial Surrogacy
Commercial surrogacy involves financial compensation beyond medical and approved expenses being paid to the surrogate mother.
Commercial surrogacy is prohibited in India.
Altruistic Surrogacy
Altruistic surrogacy allows reimbursement of approved medical expenses and insurance coverage for the surrogate mother without commercial profit.
This is the form of surrogacy permitted under Indian law.
Why Were New Surrogacy Laws Introduced?
India previously attracted people from different countries seeking surrogacy services. Concerns regarding exploitation, commercialization, and lack of regulation led to stricter legal oversight.
The new laws were introduced to:
- Promote ethical surrogacy practices
- Protect surrogate mothers
- Protect children born through surrogacy
- Regulate fertility clinics and ART centers
- Prevent commercial exploitation
- Ensure transparency and accountability
Who Can Access ART Services in India?
ART services may be available to eligible individuals and couples subject to legal and medical requirements.
Eligibility may include:
- Married couples experiencing fertility issues
- Individuals who meet applicable legal conditions
- Certain categories of foreign nationals and persons of Indian origin, depending on regulatory requirements
Medical evaluation and documentation are required before treatment can begin.
Who Can Opt for Surrogacy in India?
Surrogacy is permitted only under specific legal conditions.
Surrogacy is permitted only under specific legal conditions. If you are unfamiliar with the concept, understanding Surrogacy Meaning in Hindi: Surrogacy Kya Hoti Hai? can help clarify how surrogacy works and why legal eligibility requirements are important for intended parents and surrogate mothers.
The intended parents must fulfill eligibility requirements relating to age, marital status, and medical necessity.
Additional approvals and certifications may also be required from the appropriate authorities before proceeding.
Certain restrictions apply to couples who already have children, although exceptions may be considered in specific situations involving serious medical conditions affecting an existing child.
Eligibility Criteria for a Surrogate Mother
Indian law lays down strict requirements for women who wish to become surrogate mothers.
A surrogate mother should:
- Be between 25 and 35 years of age
- Have been married at least once
- Have a child of her own
- Be physically fit
- Be psychologically fit
- Receive certification from a registered medical practitioner
A woman can act as a surrogate mother only once in her lifetime.
Eligibility Criteria for Egg and Sperm Donors
The law also regulates donation of reproductive cells.
Egg Donor
An egg donor:
- Must meet the prescribed age requirements
- Can donate eggs only once
- Receives insurance protection as specified under the regulations
Sperm Donor
A sperm donor must fulfill the legally prescribed eligibility conditions before donation.
These rules are designed to protect both donors and recipients.
Registration of ART Clinics and Surrogacy Centers
ART procedures and surrogacy treatments can only be performed at registered facilities.
These centers must have qualified professionals, including:
- Gynecologists
- Embryologists
- Registered medical practitioners
Choosing a registered and experienced fertility center is an important part of the surrogacy journey. If you are looking for professional guidance and treatment support, you can explore our guide to the Best Surrogacy Centre in Delhi – Book Free Appointment.
The facilities are required to maintain treatment records for extended periods as prescribed by law.
Role of ART Banks
ART banks play an important role in fertility treatment.
Their responsibilities include:
- Collection of sperm
- Storage of reproductive material
- Donor registration
- Record maintenance
- Compliance with regulatory requirements
These banks operate under legal oversight and registration requirements.
National and State Regulatory Authorities
The laws provide for regulatory bodies that supervise ART and surrogacy practices across the country.
These authorities help ensure:
- Ethical conduct
- Legal compliance
- Patient protection
- Standardized procedures
Experts from various fields participate in the regulatory framework, including healthcare, women’s welfare, social sciences, and child welfare.
Steps Involved in the Legal Surrogacy Process
The surrogacy process involves multiple legal and medical stages.
These generally include:
1. Medical Consultation
The intended parents undergo medical evaluation to determine eligibility.
2. Selection of Registered Facility
The treatment must be carried out through an approved and registered clinic.
3. Documentation and Consent
All parties involved must provide informed consent after understanding the risks and benefits.
4. Eligibility Certification
Relevant authorities and medical boards evaluate eligibility requirements.
5. Legal Approvals
Required legal documents and permissions must be obtained before proceeding.
6. Insurance Coverage
Insurance coverage for the surrogate mother must be arranged according to legal requirements.
7. Registration of the Procedure
The treatment process must be recorded and registered under the applicable regulations.
Important Restrictions Under the Law
Several practices are prohibited under Indian surrogacy and ART regulations.
These restrictions include:
- Commercial surrogacy
- Sex selection
- Sale of embryos
- Exploitation of surrogate mothers
- Exploitation of donors
- Unauthorized advertisements
- Illegal abortion practices
- Unauthorized transfer of reproductive materials
- Abandonment of children born through surrogacy
- Certain prohibited embryo and gamete-related procedures
The law imposes strict penalties for violations.
Penalties for Violating the Surrogacy Laws
Individuals, medical practitioners, clinics, and service providers who violate the law may face serious consequences.
Depending on the nature of the violation, penalties may include:
- Imprisonment
- Significant financial fines
- Regulatory action against clinics and professionals
These regulations are intended to promote ethical surrogacy practices and protect all parties involved. Public understanding of surrogacy is often influenced by media portrayals, which may not always reflect real-world legal and medical requirements. For readers interested in separating fact from fiction, our article Is the Movie or Film The Surrogacy Based on a True Story? explores how surrogacy is portrayed in popular media.
The laws are designed to discourage unethical practices and protect all parties involved.
Challenges and Ongoing Discussions
While the laws aim to promote ethical and responsible family-building practices, discussions continue regarding certain eligibility restrictions and procedural requirements.
Some stakeholders believe that a balance is needed between regulation, patient access, and inclusivity.
Legal challenges and policy discussions continue regarding certain aspects of the framework.
How ConsultGrab Can Help
documentation, and treatment options can feel overwhelming.
ConsultGrab helps patients navigate this journey by connecting them with experienced fertility specialists and trusted healthcare providers.
Our support includes:
- Fertility treatment guidance
- Specialist consultation coordination
- Understanding treatment options
- Appointment assistance
- Support throughout the treatment journey
- Guidance on the surrogacy process and related requirements
Every case is unique, and having the right medical guidance can make the process more informed and less stressful.
Conclusion
The Surrogacy Regulation Act, 2021 and the ART Regulation Act, 2021 have significantly changed the framework governing surrogacy and fertility treatments in India.
The laws aim to promote ethical practices, protect surrogate mothers and children, regulate fertility clinics, and prevent commercialization.
Anyone considering surrogacy should understand the legal requirements, eligibility conditions, documentation process, and medical procedures involved before beginning the journey. Proper guidance from qualified medical and legal professionals can help ensure compliance with the law and a smoother path toward parenthood.
Conclusion
The Surrogacy Regulation Act, 2021 and the ART Regulation Act, 2021 have significantly changed the framework governing surrogacy and fertility treatments in India.
The laws aim to promote ethical practices, protect surrogate mothers and children, regulate fertility clinics, and prevent commercialization.
Anyone considering surrogacy should understand the legal requirements, eligibility conditions, documentation process, and medical procedures involved before beginning the journey. Proper guidance from qualified medical and legal professionals can help ensure compliance with the law and a smoother path toward parenthood.
Frequently Asked Questions (FAQs)
The surrogacy laws in India are governed by the Surrogacy Regulation Act, 2021 and the Assisted Reproductive Technology (ART) Regulation Act, 2021. These laws regulate surrogacy and fertility treatments, permit only altruistic gestational surrogacy, prohibit commercial surrogacy, and establish eligibility requirements for intended parents, surrogate mothers, donors, and registered fertility clinics.
No, commercial surrogacy is illegal in India under the Surrogacy Regulation Act, 2021. Intended parents cannot provide financial compensation to a surrogate mother beyond approved medical expenses and insurance coverage. The law permits only altruistic surrogacy to prevent exploitation and promote ethical family-building practices.
A surrogate mother in India must meet specific legal requirements. She should be between 25 and 35 years of age, have been married at least once, have a child of her own, and be medically and psychologically fit. A woman is permitted to act as a surrogate mother only once in her lifetime.
Assisted Reproductive Technology (ART) refers to fertility treatments that help individuals or couples achieve pregnancy through medical procedures involving sperm, eggs, or embryos. Surrogacy is one method under ART in which a woman carries and delivers a child for intended parent(s) when pregnancy cannot be carried naturally.
The surrogacy laws in India prohibit commercial surrogacy, sex selection, sale of embryos, unauthorized advertisements, exploitation of surrogate mothers or donors, abandonment of children born through surrogacy, and certain unauthorized transfers of reproductive materials. Violations can result in imprisonment, substantial fines, and other legal penalties.
