Surrogacy in India has evolved from an unregulated medical possibility in the late 1970s to a strictly governed, altruistic-only process under the Surrogacy (Regulation) Act, 2021. This guide traces that journey — how it started, why it grew, why it was restricted, and what the law looks like today, including the latest 2025 Supreme Court ruling that couples are asking about.
If you’re exploring surrogacy today, understanding this history helps you see why current rules exist — and why working with a guided, verified process matters more than ever. Before we go further: if cost is your first question, our detailed Surrogacy Cost in India 2026 breakdown covers real numbers between ₹15L–₹25L.
When Did Surrogacy Start in India?
There is no single official record marking the exact first surrogacy procedure in India. However, it is widely understood that the earliest surrogacy-linked procedure in the country took place in Kolkata, closely following the global breakthrough in in-vitro fertilisation (IVF) in 1978. Since then, India moved from having zero surrogacy laws to becoming, decades later, one of the most tightly regulated surrogacy destinations in the world.
The Global Breakthrough That Made Surrogacy Possible (1978)
Surrogacy as a medical possibility exists because of IVF — a process where an egg is fertilised with sperm in a laboratory, and the resulting embryo is transferred into a uterus. In 1978, the world witnessed its first child born through this method, a case that became globally famous and opened the door to reproductive technologies that would later make surrogacy medically viable.
This single breakthrough is the foundation of everything that followed in India’s surrogacy story.
The Earliest Surrogacy Cases in India
India’s own surrogacy-related history began shortly after, though it developed with almost no formal documentation or oversight:
- The first surrogacy-linked case in India is believed to have taken place in Kolkata.
- Not long after, India also recorded what is understood to be the second such case globally, again without any backing legislation, licensing body, or regulatory framework.
- For years, there was no law, no monitoring authority, and no defined process — surrogacy simply existed as a medical service without a legal identity.
This lack of regulation is exactly what allowed the next phase — rapid, largely unchecked growth — to happen.
Calculate Cost Now
Why India Became a Global Surrogacy Hub (Late 1990s–2000s)
By the late 1990s and early 2000s, India started attracting a steady stream of foreign couples seeking surrogacy. The reason was straightforward: it was significantly more affordable in India than in the US, UK, or other Western countries, while still offering access to trained medical professionals.
This period is also when questions around medical eligibility started coming up more often — including whether a woman needs a previous pregnancy to become a surrogate. We’ve answered that in detail in our guide on surrogacy without previous pregnancy, covering the risks and rules involved.
With demand rising fast and no legal framework in place, India was heading toward a regulatory vacuum that couldn’t last.
India's First Step Toward Regulation: The ICMR Guidelines
The Indian Council of Medical Research (ICMR) became the first body to attempt oversight. It published the National Guidelines for Accreditation, Supervision and Regulation of ART Clinics, which:
- Set standards for how ART (Assisted Reproductive Technology) clinics should operate
- Offered general considerations around surrogacy arrangements
- Marked India’s first formal step toward regulating surrogacy, though it was still a guideline — not binding law
The Supreme Court Case That Shaped Surrogacy Policy
A pivotal Supreme Court judgment addressed the legal standing of surrogacy and the role of surrogate mothers in India. This case is widely regarded as the moment surrogacy stopped being purely a medical matter and became a legal and policy concern — pushing the government toward formal legislation over the years that followed.
2015: The Turning Point — Foreign Commercial Surrogacy Banned
Roughly seven years after that landmark judgment, the Government of India issued a notification that changed the landscape entirely:
- Import of human embryos was prohibited
- Foreign nationals were barred from commissioning surrogacy in India
This 2015 notification is widely seen as the moment India shifted from being an open surrogacy destination to a restricted one.
The Long Legislative Road (2016–2020)
Turning that policy shift into actual law took several attempts:
- 2016: A bill was introduced to regulate surrogacy arrangements and prohibit commercial surrogacy — meaning no payment could be made to a surrogate mother. This bill lapsed.
- 2019: A new bill was introduced, again aiming to permit only altruistic surrogacy (no commercial payment). This too lapsed without becoming law.
- 2020: The bill was finally passed by Parliament.
Four years, two failed attempts, and one successful pass — this is why India’s surrogacy law took so long to arrive, even though the need for regulation had been clear since 2015.
Calculate Cost Now
The Surrogacy (Regulation) Act, 2021 — What Actually Changed
On 25th December 2021, the bill received assent, giving effect to the Surrogacy (Regulation) Act, 2021, alongside the Assisted Reproductive Technology (Regulation) Act, 2021. Together, these are referred to as the twin legislations, and they remain the law governing surrogacy in India today.
In short, the Act established:
- Only altruistic surrogacy is permitted — commercial surrogacy is banned
- Strict eligibility criteria for intending parents and surrogates
- A licensing and monitoring framework for clinics
For a complete breakdown of who qualifies, what documentation is needed, and how the process legally works, see our complete guide to the Surrogacy Act in India
2026 Update: Supreme Court Clarifies the Age Limit Won't Apply Retrospectively
This is the most recent — and most important — development for couples already mid-process.
The Surrogacy (Regulation) Act, 2021 came into effect on 25 January 2022, and it set clear age limits: the intending mother must be between 23 and 50 years, and the intending father between 26 and 55 years.
In October 2025, the Supreme Court ruled on a batch of petitions from couples who had started their surrogacy process — including freezing embryos — before the Act came into force, but were later blocked because they had crossed the new age limit.
The Court’s ruling was clear:
- Couples whose embryos were frozen before the 2021 Act came into effect cannot be denied surrogacy rights based on the new age cap.
- Their right to pursue surrogacy was considered to have crystallised at the time the embryos were frozen, under the legal framework that existed then.
- The Court held that the age bar cannot apply retrospectively to such cases.
- It also noted that the government’s argument — that age limits protect a child’s long-term welfare — wasn’t applied consistently, since no such restriction exists for natural conception.
What this means practically: if you began the surrogacy process (including embryo freezing) before January 2022, the current age restrictions should not disqualify you, based on this ruling. If you’re in this situation, this is worth discussing directly with a legal or medical advisor before proceeding.
For a full, updated view of every current rule — not just the age clause — see our Surrogacy Laws in India (New Rules) 2026 guide.
Start Your Parenthood Journey Today
Surrogacy in Delhi Today: Regulated, Guided, and Accessible
Delhi remains one of India’s most active centres for surrogacy consultations, home to some of the country’s most experienced fertility specialists and ART-registered clinics. But with regulation now this detailed — eligibility checks, altruistic-only arrangements, legal documentation, and age-related nuances like the one above — going in without guidance is where most delays and rejections happen.
This is exactly the gap ConsultGrab exists to close. We connect patients in Delhi with verified fertility specialists and ART-registered hospitals, help you understand where you stand under current law, and support you through consultation, documentation, and treatment planning — so you’re not navigating a legally complex process alone.
Start your parenthood journey — book a free surrogacy consultation with ConsultGrab today.
If you’re also planning a second child through surrogacy, the rules differ slightly — our guide on surrogacy for a second child in India breaks down what’s currently allowed.
Frequently Asked Questions (FAQs)
There's no official record of the exact date, but the earliest known surrogacy-linked case in India is believed to have taken place in Kolkata, shortly after the world's first IVF birth in 1978.
No. For roughly two decades, surrogacy operated in India with no governing law, no licensing authority, and no formal standards — regulation only began with ICMR's guidelines, followed by the 2021 Act.
No. Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is allowed — surrogate mothers cannot be paid beyond medical expenses and insurance coverage.
No. This was banned through a 2015 government notification and has remained restricted under the 2021 Act.
Not automatically. As per the Supreme Court's October 2025 ruling, couples who began their surrogacy process — including embryo freezing — before the Act came into effect on 25 January 2022 are not bound by the new age restrictions.
The intending mother must be between 23–50 years, and the intending father between 26–55 years, under the Surrogacy (Regulation) Act, 2021.
