India once had a large commercial surrogacy industry. That ended with the Surrogacy (Regulation) Act, 2021, and the rules framed under it in 2022 and amended since. Today the only lawful route is altruistic gestational surrogacy, and it comes with eligibility conditions, certificates and a registered clinic at every step.
This guide explains who qualifies, what the law allows, what the process looks like and why a single cost figure is misleading. Rules have changed several times, so treat it as a starting point and confirm details with your clinic and the Appropriate Authority in your state.
Is surrogacy legal in India in 2026?
Yes, under strict conditions.
- The surrogate carries an embryo created through IVF. She does not contribute her own egg.
- She cannot receive payment or a reward for carrying the pregnancy. Medical expenses, other prescribed expenses and insurance cover are allowed.
- The arrangement must be approved under the Act, and the procedure must be done at a registered clinic.
- Commercial surrogacy is prohibited. The Act provides for imprisonment of up to 10 years and a fine of up to ₹10 lakh for it.
A fee that is "lower" or described as something else is still a fee. Both sides agreeing to a payment does not make it lawful.
Who can use surrogacy?
|
Intending couple |
Intending woman |
|
|---|---|---|
|
Status |
Legally married |
Indian widow or divorcee |
|
Age at certification |
Wife 23–50 years, husband 26–55 years |
35–45 years |
|
Medical need |
A medical condition that needs gestational surrogacy, certified by the District Medical Board |
Same |
|
Existing child |
Generally none (biological, adopted or surrogate-born) |
Same |
|
Gametes |
At least one from the couple (see below) |
Her own egg and donor sperm |
Existing children. The restriction can be lifted where the existing child has a serious disability or a life-threatening illness with no permanent cure, with medical certification and approval. Do not assume this applies to you. The Appropriate Authority decides.
NRIs and OCI holders. Government guidance allows NRIs, OCI cardholders and persons of Indian origin to use surrogacy, subject to the same conditions and some extra documents. Foreign nationals should not assume they can travel to India for surrogacy. Overseas patients can read about the clinic's international patient services.
Not currently covered: single men, never-married single women, same-sex couples and live-in couples. These restrictions are contested, so anyone in this position should get current legal advice rather than rely on older articles.
Five years of marriage? Earlier draft bills proposed it, and it still appears in outdated articles. We are not aware of a five-year requirement in the enacted 2021 Act, but confirm this with your clinic or the Appropriate Authority.
Who can be a surrogate?
The surrogate must be:
- a willing woman who is or has been married
- 25 to 35 years old on the day of embryo transfer
- a mother of at least one child of her own
- medically and psychologically fit, with the required certificate
She does not have to be a relative; government FAQs confirm this. She may act as a surrogate only once in her lifetime. Separately, the Rules cap the number of surrogacy procedures (embryo transfer attempts) on her at three. These are two different limits.
Can donor eggs or donor sperm be used?
Sometimes. Under the 2024 amendment, a married couple may use one donor gamete if the District Medical Board certifies a medical condition that requires it. The child must still be genetically linked to at least one of the intending parents, so a donor egg with donor sperm is not allowed.
An intending woman (widow or divorcee) must use her own egg with donor sperm.
Infertility alone is not enough
Surrogacy is not a next step after failed IVF. The law requires a medical reason why the intending woman cannot carry a pregnancy, such as no uterus, severe uterine disease or a condition that makes pregnancy dangerous. A fertility specialist can say whether surrogacy is medically appropriate, but the certificate comes through the District Medical Board and the Appropriate Authority, not the clinic alone.
Certificates and approvals
Three things must be in place before the procedure:
- Certificate of Essentiality, covering the medical indication, parentage and custody arrangements, and the surrogate's insurance.
- Eligibility certificate for the intending couple or woman, covering age, marriage and children.
- Eligibility certificate for the surrogate, covering age, marital and maternal status, and medical and psychological fitness.
Insurance in the surrogate's favour for 36 months is mandatory.
The process, step by step
- Medical assessment. A fertility specialist reviews why the intending woman cannot carry a pregnancy, past IVF, uterine health, egg reserve, sperm parameters and any stored embryos.
- Legal eligibility check. Age, marital status, existing children and nationality status are confirmed before any treatment starts.
- Finding a surrogate. You bring a willing woman who meets the criteria. She is assessed medically and psychologically.
- Approvals. Certificates, insurance and parentage and custody documents are completed.
- Embryo creation. IVF creates embryos from the permitted gametes. Existing frozen embryos need a legal and clinical review first.
- Embryo transfer. The surrogate's uterus is prepared and, as a rule, one embryo is transferred.
- Pregnancy and birth. Antenatal care follows. A child born through lawful surrogacy is treated in law as the biological child of the intending parents, with all the rights of a natural child. Parents cannot refuse the child because of a disability, medical condition, sex or a multiple birth.
The surrogate gives written informed consent in a language she understands and can withdraw it before embryo implantation. Consent is not a one-time signature.
What does surrogacy cost in India?
There is no legal "surrogate fee" to add to a package, and no single fixed price. The cost is the sum of lawful items:
- Consultations, tests and the IVF cycle, including medicines, egg retrieval, embryo culture and freezing, and the embryo transfer
- Donor gamete services, where permitted
- The surrogate's medical evaluation, pregnancy care, delivery and hospital charges
- Mandatory insurance
- Legal documentation and compliance
For reference, IVF at Jindal IVF Chandigarh is listed at roughly ₹1.2 to ₹2.5 lakh per cycle. That is one line in the total, and a surrogacy journey may need more than one cycle. Ask for an itemised estimate that separates medical, insurance, legal and administrative costs. Be wary of any clinic that quotes one "all-inclusive" surrogacy price.
What has changed recently?
- 2024: the amendment to the Rules allowed one donor gamete for a couple with a medical indication, after the earlier ban on donor gametes was challenged in court.
- October 2025: in Arun Muthuvel v. Union of India, the Supreme Court held that the age limits do not apply retrospectively to couples who had already created and frozen embryos before the Act came into force on 25 January 2022. The ruling is limited to those cases and does not create a general exemption. (report)
- 2026: further amendment rules were notified, mainly on how surrogacy clinics pay registration fees and renew their registration through the National ART & Surrogacy Registry. A comprehensive review of the Act has also been started.
How to check a clinic before you commit
A clinic calling itself a "surrogacy centre" is not proof of registration. Ask to see its registration with the Appropriate Authority and on the National ART & Surrogacy Registry, and ask:
- Who handles the certificates, and which Appropriate Authority will our case go to?
- What must be completed before embryo transfer?
- Which insurance policy covers the surrogate?
- How are donor gametes sourced, and are they allowed in our case?
- What happens if a transfer fails or the surrogate has complications?
A reputable clinic will explain this without suggesting shortcuts.
Frequently asked questions
Is surrogacy legal in India?
Yes, but only altruistic gestational surrogacy for people who meet the legal and medical conditions. Commercial surrogacy is prohibited.
What are the age limits?
For a couple, 23–50 (wife) and 26–55 (husband) at certification. For a widow or divorcee, 35–45. For the surrogate, 25–35 on the day of transfer.
Can the surrogate be paid?
Not for acting as a surrogate. Permitted medical expenses, other prescribed expenses and insurance are allowed.
Does the surrogate have to be a relative?
No. She must be a willing woman who meets the criteria.
Can a woman be a surrogate more than once?
No. Once in her lifetime, with no more than three procedure attempts.
Can an unmarried woman or a single man use surrogacy?
Not under the current framework. Only widowed or divorced women aged 35 to 45 are covered as intending women.
Does surrogacy guarantee a baby?
No. It solves the problem of carrying the pregnancy. Egg and sperm quality, embryo development, the age of the egg source and implantation still decide whether IVF works.
