Surrogacy is an arrangement whereby a woman gets pregnant and gives birth on behalf of another person or couple who will become the child’s legal parents after birth. People pursue surrogacy for a variety of reasons such as infertility, dangers or undesirable factors of pregnancy, or when pregnancy is a medical impossibility. Surrogacy is highly controversial, with many countries legally regulating or banning its practice.[1]
A surrogacy relationship or legal agreement contains the person who carries the pregnancy and gives birth and the person or persons who take custody of the child after birth. The person giving birth is the gestational carrier, sometimes referred to as the birth mother, surrogate mother or surrogate. Those taking custody are called the commissioning or intended parents.[2] The biological mother may be the surrogate or the intended parent or neither. Gestational carriers are usually introduced to intended parents through third-party agencies, or other matching channels. They are usually required to participate in processes of insemination (no matter traditional or IVF), pregnancy, and delivery.Surrogacy in India is strictly regulated by the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (ART) Act, 2021, which shifted the country from a global “surrogacy hub” to a restrictive, altruistic-only model .
1. Legal Framework & Eligibility
Commercial surrogacy is completely banned [11]. Only altruistic surrogacy—where no money is paid to the surrogate except for medical expenses and insurance—is legal .
Existing Children: Couples with a living child (biological, adopted, or surrogate) are generally ineligible unless the child has a life-threatening illness or severe disability .
Intending Parents: Must be legally married Indian heterosexual couples (married for 5+ years) .
Age: Wife (23–50 years) and Husband (26–55 years) .
Condition: Must have proven infertility or medical necessity (e.g., absent uterus, repeated IVF failure) .
- Single Women: Only widows or divorcees (aged 35–45) are eligible .
- Excluded Groups: Foreigners, same-sex couples, live-in partners, and single men are currently prohibited from accessing surrogacy in India .
2. Requirements for the Surrogate Mother
To prevent exploitation, the law sets strict criteria for surrogates:
- Relationship: Must be a “close relative” of the intending couple (though a 2023 amendment allows any “willing woman” known to the couple) .
- Status: Must be married with at least one biological child .
- Age: 25 to 35 years old .
- Frequency: A woman can act as a surrogate only once in her lifetime .
- Genetic Link: The surrogate cannot use her own gametes (eggs); she must not be genetically related to the child .
- Single Women: Only widows or divorcees (aged 35–45) are eligible .
- Excluded Groups: Foreigners, same-sex couples, live-in partners, and single men are currently prohibited from accessing surrogacy in India .
- Donor Gametes: As of 2024, the use of one donor gamete (egg or sperm) is permitted if a District Medical Board certifies medical necessity, provided the child still has a genetic link to at least one parent.
- Insurance: Intending parents must provide 36 months of health insurance coverage for the surrogate .
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