Is surrogacy still legal in India?

What Is Surrogacy?

Surrogacy is a process where a woman agrees to carry and deliver a child for another person or couple who cannot do so on their own. It’s often recommended in cases of medical infertility such as when a woman has no uterus, has experienced multiple failed pregnancies, or has a health condition that makes pregnancy risky.

There are two types of surrogacy:

• Gestational surrogacy, where the surrogate carries an embryo created using the intended parents’ or donor’s egg and sperm.

• Traditional surrogacy, which involves the surrogate’s own egg. This is not allowed under Indian law.

India permits only gestational, altruistic surrogacy, strictly for Indian citizens who meet specific conditions.

Is Surrogacy Legal in India in 2025?

Yes, surrogacy is legal but only altruistic surrogacy is permitted under the Surrogacy (Regulation) Act, 2021, with updated rules in 2023 and 2024. This means the surrogate cannot be paid, and the procedure must be carried out for medical reasons only.

Commercial surrogacy, where money is exchanged beyond medical and insurance costs, is completely banned. These laws were introduced to prevent exploitation and protect the health, dignity, and rights of surrogate mothers.

Only registered and approved surrogacy clinics in India, such as those recognized under the Assisted Reproductive Technology (ART) Act, can legally perform surrogacy procedures.

Who Can Opt for Surrogacy in India?

Under the current law, only specific individuals are allowed to pursue surrogacy:

• Indian married couples

• The woman must be 25–50 years old.

• The man must be 26–55 years old.

• The couple must have been married for at least five years.

• They must not have any living children (biological or adopted), unless the child is physically or mentally challenged.

• Single women (widowed or divorced)

• Must be Indian citizens.

• Aged between 35 and 45 years.

• Must not have any surviving children.

Currently, foreigners, NRIs without OCI status, single men, and same-sex couples are not eligible for surrogacy in India.

Who Can Be a Surrogate Mother?

The law also clearly defines who can become a surrogate:

• Must be a married woman between 25 and 35 years old.

• Must already have at least one biological child.

• Can act as a surrogate only once in her lifetime.

• Must be a close relative of the intended parents.

• Must be medically and psychologically fit.

• Must give written, informed consent after counseling.

The surrogate cannot be paid for her role except for medical bills and insurance, which must be covered by the intended parents.

What Is the Legal Surrogacy Process in India?

Surrogacy in India follows a formal, step-by-step legal process:

1. Medical evaluation: Both the intended parents and the surrogate undergo health screenings.
2. Essentiality certificate: A fertility specialist confirms that the couple cannot conceive naturally and surrogacy is medically necessary.
3. Eligibility certificate: Issued by a government-appointed authority after verifying the couple’s details.
4. Legal agreement: A written contract is signed between the surrogate and intended parents, outlining responsibilities, rights, and conditions.
5. Insurance coverage: Surrogate must be insured for any health issues arising during or after pregnancy (minimum 3 years).
6. Court-issued parentage order: After the birth, legal parenthood is transferred to the intended parents.

Only registered surrogacy clinics in Hyderabad or other approved regions are legally allowed to carry out these procedures. At Mamata Fertility Hospital Hyderabad, we ensure all documentation and legal steps are properly completed for each patient.

What Is Not Allowed Under Indian Surrogacy Law?

The following are strictly prohibited under the 2025 surrogacy law:

• Commercial surrogacy

• Use of donor eggs or sperm (except in rare medical cases)

• Surrogacy for convenience or non-medical reasons

• More than one surrogacy attempt per surrogate

• Surrogacy by or for foreigners, single men, or LGBTQ+ couples

Breaking these rules can result in penalties of up to ₹10 lakh in fines and even jail time.

Why These Rules Exist

These legal changes were introduced to:

• Prevent exploitation of women, especially those from poor or vulnerable backgrounds.

• Protect the health and rights of surrogate mothers.

• Ensure that surrogacy is used only as a last medical option, not for lifestyle or commercial reasons.

The law also ensures transparency and accountability at every stage, from fertility clinics to government approval boards.

How We Support You at Mamata Fertility Hospital Hyderabad

At Mamata Fertility Hospital Hyderabad, we’ve seen many families find hope through surrogacy especially after facing multiple IVF failures or high-risk pregnancies. We help our patients:

• Understand their legal eligibility

• Prepare medically for surrogacy (including embryo creation)

• Identify a suitable surrogate, following all guidelines

• Complete the necessary documents, insurance, and legal processes

• Offer counseling and emotional support throughout the journey

We believe that the process should not only be legally sound—but emotionally supported and ethically guided as well.

Final Thoughts: 

So, is surrogacy legal in India in 2025? Yes—but only if done the right way, under the law. Altruistic surrogacy is permitted for eligible Indian couples or single women, and the process must be handled by a registered clinic with full legal compliance.

If you’re considering surrogacy as part of your family-building journey, we’re here to help. Our team at Mamata Fertility Hospital Hyderabad is experienced in legal and ethical surrogacy care and will walk you through each step with clarity, compassion, and complete transparency.

FAQS

1.Is surrogacy legal in India now?
Commercial surrogacy is banned in India. Surrogacy is only allowed if it is altruistic, meaning the surrogate receives no financial compensation other than medical expenses.

2.Is surrogacy 100% successful in India?

Surrogacy is not 100% successful, but the success rates are generally very high, especially when good-quality embryos and a healthy surrogate are involved. Most programs report success rates between 75% to 90% per embryo transfer, depending on the clinic and the case.

3.What is the surrogacy rate in India?

The surrogacy cost in India is approximately 15 to 25 lakhs. At Nimaaya, we believe in keeping transparency and going through treatments that don’t involve any medical complexion. The couples can afford the treatment under the guidance of Dr.

4.How much does IVF cost in India?

 In India, the cost of IVF treatment typically ranges from ₹1,00,000 to ₹2,50,000 per cycle. Several factors can influence the final cost, including the clinic’s location, the expertise of the specialists, the technology used, and the complexity of the individual case.