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Surrogates in India

AI Smart Summary

  • Quick Summary: India permits altruistic surrogacy only under the Surrogacy (Regulation) Act, with strict government approvals and oversight. Indian Egg Donors+1
  • Cost: Surrogacy in India is heavily regulated; costs vary mainly by clinic/medical care, legal work, and pregnancy-related reimbursements (not “surrogate fees”). HFW Delhi
  • Timeline: Often 12–18+ months depending on approvals, clinic availability, and medical factors.
  • Eligibility: Limited to specific categories of Indian intending couples and certain single women (widow/divorcee) who meet statutory criteria. HFW Delhi+1
  • Donor Gametes: Since Feb 21, 2024, one donor gamete may be permitted for an intending couple if medically certified by the appropriate medical board—child must still have at least one gamete from the intending couple. blog.scconline.gen.in+1
  • Risks: Medical (IVF, pregnancy), legal delays, document/approval complexity, and cross-border compliance issues. HFW Delhi
  • Success Rates: Driven by embryo quality, maternal health, clinic lab quality, and transfer strategy (single embryo transfer is common globally).
  • Why Indian Egg Donors: Physician-led guidance, culturally matched donor support, vetted partner clinics, and safer “legal-first” options in USA/Canada when India isn’t the right fit. Indian Egg Donors+1

Fast Facts

Allowed

Altruistic gestational surrogacy only

Not Allowed

Commercial surrogacy, surrogacy for foreign nationals

Surrogate Age

25–35 years

Eligibility

Must be a married woman with at least one child

Legal Requirement

Surrogate must be a close relative (in most cases)

Who Can Become a Surrogate in India?

  • Surrogates must meet government-approved criteria:
  • Married woman (5+ years married)
  • Age 25–35
  • Has at least one biological child of her own
  • Can be a surrogate only once in her lifetime
  • Must be a “willing” close relative (primary rule)
  • Passes psychological evaluation
  • Passes medical screenings (uterine health, BMI, infectious disease panel)

Surrogacy Process in India

  • Application to the Surrogacy Board
  • Verification of Intended Parents’ Eligibility
  • Counseling & Psychological Evaluation of Surrogate
  • Medical Screening & Uterine Assessment
  • Legal Documentation & Consent
  • Embryo Transfer in Licensed ART Clinic
  • Pregnancy Care & Monitoring
  • Birth + Legal Parentage Issuance
  • All cycles must occur in registered clinics under the ART & Surrogacy Act.

Next Steps

Review Eligibility Requirements for Indian Surrogacy

Learn About Surrogacy Laws & Permitted Practices

Explore Approved ART & Surrogacy Clinics

Understand the Application & Approval Process

Consult a Legal Specialist Familiar With the Surrogacy Act

Definition: What Is Surrogacy in India?

In India, surrogacy is a regulated family-building pathway in which a woman (the surrogate) carries a pregnancy for the intending parent(s) with the intention of handing over the child after birth—within strict legal and medical safeguards. HFW Delhi
Under India’s current framework, commercial surrogacy is prohibited, and only altruistic surrogacy is permitted—meaning the surrogate is not paid a “fee,” though legitimate pregnancy-related and medical expenses may be reimbursed as allowed under law and clinical practice. HFW Delhi

Your Trusted Partner for Surrogacy in India

Indian Egg Donors is here to support intended parents worldwide by facilitating surrogacy arrangements in India. Our commitment to connecting you with experienced and compassionate surrogates ensures a seamless and supported journey toward building your family.

Become A Surrogate

Why Choose Indian Egg Donors for Surrogacy in India?

Extensive Network of Surrogates

We offer one of India’s largest networks of experienced surrogates, ensuring you find the right match for your surrogacy needs.

Culturally Diverse Options

Our surrogates come from various cultural backgrounds, providing intended parents with diverse and personalized options that meet your requirements.

Collaborations with Leading IVF Centers

We work closely with over 100 renowned IVF clinics across India, including top names such as Cornell, NYU, and Columbia, ensuring the highest standards of care.

Comprehensive Support

From selecting your surrogate to completing your surrogacy journey, our team offers expert support and guidance every step of the way, ensuring peace of mind throughout the process.

1000+ Surrogate Profiles

Our extensive database includes many surrogates, helping you find the perfect match in India.

Legally Compliant Procedures

We strictly adhere to Indian laws and ethical standards, ensuring that all surrogacy practices are fully compliant and transparent.

Expert Guidance

From the initial consultation through to the final stages of surrogacy, our team provides expert legal, medical, and emotional support throughout your entire journey.

Key Facts

TopicWhat It Means in Practice
Legal FrameworkSurrogacy (Regulation) Act, 2021 along with its Rules; the ART Act operates in parallel for regulatory oversight.
Commercial SurrogacyNot allowed under Indian law.
Allowed ModelAltruistic surrogacy only, covering expense reimbursements and excluding monetary compensation.
EligibilityRestricted to specific categories of Indian intending parents, including eligible single women such as widows or divorcees.
Donor GametesFebruary 21, 2024 update allows one donor gamete for an intending couple with medical board certification; at least one gamete must belong to the intending couple.
Court ClarificationOctober 2025 clarification states that age limits cannot be applied retrospectively to couples who had already initiated the process (e.g., embryo freezing) before the law took effect.
Best Fit ForFamilies who qualify under Indian law and can complete the documentation and approval process.

Step-by-Step: How the Surrogacy Process Works (India)

Step 1

Eligibility & Medical Review (Start here)

We begin with a confidential review of:

  • Your medical indication for surrogacy

  • Your documentation and eligibility pathway (couple vs permitted single-woman pathway) HFW Delhi+1

Step 2

Clinic & Treatment Planning

  • Choose a qualified ART/IVF clinic partner

  • Decide whether embryos already exist or need to be created

  • Confirm screening strategy (genetic testing options, infectious disease testing, uterine evaluation for the surrogate)

Step 3

Legal Guidance & Required Approvals

India’s system is document-heavy. A qualified legal professional is essential to:

  • Confirm which certificates/authorizations apply

  • Ensure all agreements and consents align with current rules Indian Egg Donors+1

Step 4

Surrogate Matching & Screening

Surrogates must meet strict medical and psychological standards, including:

  • Full medical history review

  • Pregnancy history assessment

  • Infectious disease screening

  • Psychological screening and informed consent Indian Egg Donors+1

Step 5

Embryo Transfer & Pregnancy Care

  • Transfer strategy is individualized (often single embryo transfer depending on embryo quality and clinic protocols)

  • Routine prenatal visits + obstetric oversight

  • Continuous documentation and compliance follow-ups

Step 6

Delivery, Parentage Steps & Postpartum Support

  • Delivery planning in coordination with hospital and legal counsel

  • Postpartum support for surrogate and intended parent(s)

  • Documentation steps for the child’s status and any additional formalities required

Cost Breakdown (How Surrogacy Costs Work Under Altruistic-Only Rules)

Because commercial surrogacy is prohibited, costs are not structured as “surrogate compensation.” Instead, typical cost categories may include:

  • Medical costs: IVF clinic fees, medications, monitoring, embryo transfer, obstetric care
  • Pregnancy-related reimbursements: allowable expenses tied to pregnancy, recovery, and medical needs
  • Legal costs: documentation review, approvals, agreements, compliance support
  • Travel/logistics: depending on location of clinic, hospital, and intended parents’ travel needs
  • Wellness support: nutrition, counseling, stress support—where permitted and clinically appropriate
  • Important: India’s regulations and local implementation practices matter. we encourage families to treat this as a legal-first pathway and not as a “low-cost shortcut.”
Cost Breakdown (How Surrogacy Costs Work Under Altruistic-Only Rules)

Eligibility, Requirements & Restrictions

Your current page says: “Only Indian married couples… can legally pursue surrogacy in India.” That is too absolute and should be updated. Indian Egg Donors

Who may be eligible (high-level)

Eligibility is restricted and typically includes:

  • Certain Indian intending couples who meet statutory requirements (age, medical indication, documentation, etc.). HFW Delhi+1

  • Certain single women (specifically  widow or divorcee) within the defined age range under the Act’s definitions and prevailing interpretations.  Vinsfertility.com+1

Who is generally not eligible under current rules (common exclusions)

  • Single men

  • Live-in partners (not legally married)

  • Same-sex couples

  • Other categories not explicitly allowed under the statutory framework

International intended parents

Your page says you support “intended parents worldwide.” That’s fine as a brand statement, but your India-specific page must clearly state that eligibility is governed by Indian law, and cross-border arrangements can involve additional compliance risks and limitations. Indian Egg Donors+1

Donor Eggs / Donor Sperm Rules

This is the most important factual update to reflect on your page:

What people believed before 2024

  • Many summaries stated that surrogacy required embryos created strictly from the intending couple’s gametes.

What changed on Feb 21, 2024

  • The Surrogacy (Regulation) Amendment Rules, 2024 allow surrogacy using one donor gamete for an intending couple if the appropriate medical board certifies a medical condition requiring donor use—and the child must still have at least one gamete from the intending couple.

Practical meaning:

If one partner has a medical condition affecting gametes, donor egg or donor sperm might be possible for a qualifying intending couple—subject to certification and compliance.

Risks & Success Rates (What Families Should Know)

Medical risks

  • IVF medication side effects

  • Multiple pregnancy risks (if more than one embryo transferred)

  • Pregnancy complications (gestational diabetes, hypertension, preterm delivery)

  • Delivery risks (C-section, postpartum recovery)

Legal/administrative risks

  • Approval timelines can shift

  • Documentation requirements can be strict

  • Noncompliance can cause delays or disqualification 

Success rates: what drives outcomes

Success depends on:

  • Embryo quality (age of egg source, lab quality, genetics)

  • Uterine health and obstetric history of the surrogate

  • Clinic protocols and transfer strategy

Why Choose Indian Egg Donors for Surrogacy in India?

  • Extensive Network of Surrogates

We offer one of India’s largest networks of experienced surrogates, ensuring you find the right match for your surrogacy needs.

  • Culturally Diverse Options

Our surrogates come from various cultural backgrounds, providing intended parents with diverse and personalized options that meet your requirements.

  • Collaborations with Leading IVF Centers

We work closely with over 100 renowned IVF clinics across India, including top names such as Cornell, NYU, and Columbia, ensuring the highest standards of care.

  • Comprehensive Support

From selecting your surrogate to completing your surrogacy journey, our team offers expert support and guidance every step of the way, ensuring peace of mind throughout the process.

  • 1000+ Surrogate Profiles

Our extensive database includes many surrogates, helping you find the perfect match in India.

  • Legally Compliant Procedures

We strictly adhere to Indian laws and ethical standards, ensuring that all surrogacy practices are fully compliant and transparent.

  • Expert Guidance

From the initial consultation through to the final stages of surrogacy, our team provides expert legal, medical, and emotional support throughout your entire journey.

Key Changes in India’s Surrogacy (Regulation) Act, 2024 (Effective February 21, 2024)

As of February 2024, India’s Surrogacy (Regulation) Act introduces several critical changes, altering the surrogacy landscape:

  • Ban on Commercial Surrogacy: The Surrogacy (Regulation) Act bans commercial surrogacy in India. Surrogacy can only occur altruistically, meaning no financial gain for the surrogate beyond her medical expenses and reasonable compensation.
  • Eligibility Criteria for Surrogacy: The new law limits surrogacy to married heterosexual Indian couples with a valid certificate of proven infertility. Only legally married couples who have been married for at least five years are eligible for surrogacy.
  • Restrictions on Surrogacy for Specific Groups: The law prohibits surrogacy for single individuals, same-sex couples, and those in live-in relationships. Only married couples are eligible to pursue surrogacy.
  • Mandatory Counseling: Both intended parents and surrogate mothers must attend pre-surrogacy counseling sessions. These sessions ensure that both parties fully understand the surrogacy process and are emotionally and mentally prepared.
  • Surrogacy Exclusively for Indian Citizens: The law restricts surrogacy to Indian citizens, OCI holders, and NRIs. It bans surrogacy for foreign nationals or non-Indians residing in India, effectively making India a destination for Indian couples only.
  • Sex Selection is Prohibited: The Surrogacy (Regulation) Act strictly prohibits sex selection during the surrogacy process, ensuring ethical and medically sound practices.
  • Age Criteria for Intended Parents: The law mandates that the woman in a surrogacy arrangement must be between 23 and 50 years old, while the man must be between 26 and 55 years of age. Both intended parents must not have children from prior marriages or relationships.

International Surrogacy Options and Cost Benefits

  • Creative Programs in Other Countries: For those outside India, Indian Egg Donors also offers legal surrogacy programs in countries like the USA and Canada, where legal frameworks support surrogacy and IVF treatments.
  • Affordable Surrogacy Options: While the surrogacy process is heavily regulated in India, it offers a cost-effective solution. Creating embryos using Indian egg donors and shipping them to countries like the USA can cost as little as $16,000, a fraction of the typical $35,000 cost in the USA.

The ART Act and Surrogacy: Legal Framework

  • ART Act Overview: India's Assisted Reproductive Technology (ART) Act governs the use of sperm, eggs, gametes, zygotes, and embryos within India. This act prohibits the sale, transfer, or use of gametes and embryos unless it involves personal use with the approval of the National ART and Surrogacy Board (NARTSB).
  • Embryo Export for Surrogacy: Although it is illegal to export sperm or frozen eggs from India, embryos conceived in Indian IVF clinics can be legally shipped abroad for use in surrogacy-friendly countries, following proper documentation procedures.

Surrogacy Bill: Detailed Insights

  • Defining Surrogacy: The Surrogacy Bill defines surrogacy as the process where an embryo formed using the gametes of the intended parents is transferred to the uterus of a surrogate mother. A surrogate mother is a woman who voluntarily carries and gives birth to a child for the intended parents.
  • Prohibition of Commercial Surrogacy: The Surrogacy Bill bans commercial surrogacy. Surrogacy services are only allowed on an altruistic basis, ensuring that the surrogate is not financially compensated beyond medical expenses and reasonable living costs.
  • Eligibility Criteria: Surrogacy is exclusively available to heterosexual, married Indian couples with proven infertility. Surrogates must be between 25 and 35, married with children, and meet specific medical requirements.
  • Mandatory Pre-Surrogacy Counseling: Both intended parents and surrogates must attend pre-surrogacy counseling sessions. These sessions help both parties understand surrogacy's process, legalities, and emotional implications.
  • Surrogacy Board for Regulation: The government has established a Surrogacy Board to regulate the surrogacy industry. The board is responsible for issuing surrogacy licenses, monitoring clinics, and ensuring compliance with ethical standards.

Legal Aspects of Surrogacy in India

On February 21, 2024, the Indian government made significant changes to the surrogacy laws, particularly in allowing the use of egg and sperm donors. However, many key provisions from the Surrogacy (Regulation) Bill 2021 remain unchanged. Below is a breakdown of the essential legal aspects still in place:

Key Features of the Surrogacy (Regulation) Bill, 2021

  • Formation of Surrogacy Boards: The Bill mandates the establishment of surrogacy boards at both the national and state levels to ensure effective regulation and oversight of surrogacy procedures.
  • Eligibility for Altruistic Surrogacy: Altruistic surrogacy is permitted for infertile, married Indian couples between the ages of 23-50 for females and 26-55 for males.
  • Indian Citizens Only: Only Indian citizens are eligible for surrogacy within India, as per the current regulations.
  • Prohibition for Single Men: Under the current laws, surrogacy services are not available for single men in India.
  • Eligibility for Foreign Nationals: Surrogacy is permissible for Indian citizens with H-1 visas or Green Cards in the USA. Additionally, those of Indian origin who are citizens of the USA, Canada, or another country but hold an Overseas Citizen of India (OCI) card are also eligible.
  • Citizenship of the Child : Children born through surrogacy in India will be granted Indian citizenship. Parents can then apply for non-Indian citizenship based on the laws of their country of origin.
  • Essentiality and Eligibility Certificates: Couples must obtain a certificate of essentiality and a certificate of eligibility before proceeding with surrogacy.
  • Protection of the Child's Rights: Surrogacy laws ensure that the child born through surrogacy is entitled to all the rights and privileges of a natural child. Intended parents are legally bound not to abandon the child under any circumstances.
  • Surrogacy Clinics Regulations: All surrogacy clinics in India must be registered with the appropriate authorities to conduct surrogacy procedures.
  • Safeguards for Surrogate Mothers: The law provides various protections for surrogate mothers, including mandatory insurance coverage.
  • Prohibition of Sex Selection Sex selection: is strictly prohibited in the surrogacy process in India.

Surrogacy Laws in India: Eligibility and Regulations

Eligibility Requirements for Intended Parents

  • Nationality: Must be Indian citizens or OCI card holders with valid passports.
  • Marital Status: Must be legally married for at least five years.
  • Age Criteria: Female partners must be between 23-50 years old, and male partners between 26-55 years old.
  • No Existing Children: The couple must have no biological or adopted children.
  • Medical Certification: Couples must have medical certification of infertility.

Eligibility Requirements for Surrogate Mothers

  • Citizenship: Must be an Indian citizen with valid ID proof.
  • Age: Between 25-35 years old.
  • Marital Status: Must be married and have at least one biological child.
  • Health Requirements: Must be physically and mentally fit for pregnancy.
  • Close Relative: The surrogate must be a close relative of the intending parents, as defined by the law.

Legal Procedures for Surrogacy in India

The legal process is crucial to ensure compliance with the Surrogacy (Regulation) Act. This process is typically managed by an attorney who can handle the paperwork and legal formalities. The steps generally include:

  • Obtaining Certificates The intending parents and the surrogate mother must obtain eligibility certificates from the designated authorities.
  • Surrogacy Agreement A legally binding surrogacy agreement must be signed by both parties, ensuring clarity on their rights and responsibilities.
  • Court Approvals Surrogacy agreements require court approval at various stages during the process.
  • Registration with the Surrogacy Board Both parties must be registered with the Surrogacy Board to ensure legal oversight.
  • Medical and Psychological Evaluations Both the intended parents and the surrogate mother must undergo medical protocols and psychological evaluations to ensure the surrogacy process is carried out ethically and safely.
Legal Procedures for Surrogacy in India

Court Filings Required for Surrogacy

Before Birth:

  • Surrogacy Agreement Intended parents and surrogate mothers must enter a legally binding surrogacy agreement that clearly defines the rights, duties, and expectations of both parties.
  • Parentage Order In certain cases, a parentage order must be obtained from the court to establish the legal parentage of the child and terminate the rights of the surrogate mother (and her spouse, if applicable).

After Birth:

  • Documentation and Legal Filings
  • After the child is born, intended parents must submit legal documents such as birth certificates, affidavits, and consent forms to establish their legal parentage.

Seeking Professional Legal Help

Surrogacy in India can be legally complex, and it is essential to seek guidance from a qualified legal professional who specializes in surrogacy law. Legal professionals can help you navigate the process, ensure compliance with all relevant laws, and mitigate potential risks.

Important Note: The information provided is for general awareness only and should not be construed as legal advice. For specific guidance, please get in touch with our agency or a qualified lawyer specializing in surrogacy law in India.

Case Study

“Asha & Kunal’s Pathway After Multiple IVF Failures”

  • After several unsuccessful IVF cycles, Asha was advised against carrying a pregnancy due to medical risk. We coordinated:
  • Medical review + legal pathway planning
  • Embryo creation plan and lab selection
  • Surrogate screening + counseling
  • Pregnancy monitoring structure and postpartum support
  • Outcome: A healthy singleton delivery with a carefully managed prenatal plan and clear documentation steps throughout.

Overall Realistic Timeline

  • Typical (no major delays)
  • 12–18 months from start to legal completion
  • With legal/administrative or court involvement
  • 15–24+ months
  • Delays often come from
  • District Board scheduling bottlenecks
  • Requirement of additional certificates or clarifications
  • Court interventions or additional legal filings
  • Administrative back-and-forth between authorities

Why Surrogacy Can Take Longer in India

Legal & Regulatory Requirements

  • India’s law requires multiple certificates and authority approvals before the process can move ahead — this is intentional, to ensure strict altruistic compliance, but it also adds processing time.

Court Cases or Clarifications

  • When documentation isn’t fully compliant, intended parents sometimes need court intervention (e.g., parental order clarification) — this can add several weeks or months. A 2025 High Court case showed that even procedural lapses may end up requiring a judicial order.

Administrative Board Schedules & Backlogs

  • District Medical and Surrogacy Boards, which issue eligibility and essentiality certificates, may have limited meeting schedules — often contributing to wait times.

Quick Reference Timeline

PhaseTypical Duration
Eligibility & Certificates~1–2 months
Legal Review & Approvals~2–4 months
Surrogate Matching~1–2 months
IVF & Embryo Preparation~1–2 months
Pregnancy~9 months
Post-Birth Legal Steps~1–2 months
Total12–18 months (typically)
With Delays15–24+ months

Bottom Line

  • For most Indian couples (including those with OCI cards), 12–18 months is a realistic expectation, assuming routine processing and no major legal hurdles. However, 15–24+ months is also realistic when accounting for administrative delays, extra legal review, or required court interaction.

Comparison: India vs USA/Canada (When India Isn’t the Best Fit)

  • India
  • Pros: Regulated altruistic framework; potentially lower overall costs in some pathways
  • Cons: Narrow eligibility; strict approvals; complexity for cross-border families
  • USA / Canada
  • Pros: Established legal frameworks for surrogacy in many jurisdictions; structured agency/clinic pathways; clearer options for many international families
  • Cons: Typically higher costs than India
  • If you don’t qualify for India or want a more predictable legal pathway, we can guide you to legal surrogacy options in the USA and Canada through our programs

Testimonials

"Navigating the legal landscape of assisted reproductive technology in India can be complex. Indian Egg Donors' comprehensive guide on the ART Act and surrogacy regulations provided us with the clarity we needed. Their detailed discussion of laws ensured that we understood the ethical and legal frameworks, making our journey smoother and more informed."
PriyaRajesh, Intended Parents
“As a first-time egg donor, I was apprehensive about the legalities involved. Indian Egg Donors’ transparent approach and thorough explanation of the ART Act and surrogacy laws reassured me. Their commitment to ethical practices and legal compliance made me feel confident and supported throughout the process.”
AnjaliEgg Donor
“We were overwhelmed by how many rules and documents were involved. Indian Egg Donors broke the process into clear steps and helped us avoid expensive mistakes.”
PriyaRajesh
“I felt respected and supported. The screening and counseling helped me feel fully informed and safe.”
Anjali
“The biggest difference was physician-led guidance. We always knew what the next step was—and why.”
Daniel Meera

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FAQs — Global Surrogacy

Is surrogacy legal in India?

We maintain a secure and comprehensive egg donor database with over 1,000 pre-screened profiles, including:

  • North Indian, South Indian, Gujarati, Punjabi, Bengali, Tamil, and Telugu donors
  • Donors with medical, engineering, or science degrees
  • U.S.-based donors of Indian origin
  • Hindu, Muslim, Sikh, Jain, and Christian backgrounds

Yes—altruistic surrogacy is legal under the Surrogacy (Regulation) Act and Rules, with strict oversight. 

No. Commercial surrogacy is prohibited.

Not a “fee.” Altruistic surrogacy allows reimbursement of legitimate pregnancy-related and medical expenses within legal/clinical limits.i

Eligibility is restricted—commonly including certain Indian intending couples and certain single women (widow/divorcee) meeting defined criteria. 

Under current commonly applied rules and interpretations, same-sex couples are generally not eligible. 

A key update: since Feb 21, 2024, one donor gamete may be permitted for an intending couple if medically certified; the child must still have at least one gamete from the intending couple. 

Many families should plan for 12–18+ months, depending on approvals and medical steps.

It can be complex. Eligibility and compliance must be confirmed case-by-case under Indian law; many international families choose USA/Canada for clearer legal pathways. 

A physician-led consult to confirm eligibility, medical indication, and the best legal jurisdiction for your family.

Ready to Begin? Let Us Help You Build Your Family

Indian Egg Donor specializes in gently helping the patient identify the root cause of their medical issues and then assist them to recover from their problems to help them move forward to good health.

Request your consultation today!

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