Surrogacy is legal in India but is strictly regulated under the Surrogacy (Regulation) Act, 2021. The law permits only altruistic surrogacy for eligible Indian intending parents and strictly prohibits commercial surrogacy.
Surrogacy in India is allowed only for married Indian couples with proven medical infertility, including NRIs and OCI cardholders, subject to prescribed legal and medical conditions. The surrogate mother must meet specific eligibility criteria and cannot receive any monetary compensation beyond permitted medical expenses.
Due to frequent misinformation and outdated content online, many intending parents remain unsure about what is legally permitted. This blog explains the current surrogacy laws in India, eligibility requirements, legal procedures, and penalties for illegal surrogacy in clear and simple terms.
What Is Surrogacy?
Surrogacy refers to the area of assisted reproduction in which the woman agrees to have the child and deliver the baby to the intended parents.
This is usually carried out through in vitro fertilisation, where an embryo made using eggs and sperm from the individuals or donors is placed into the womb of the surrogate mother.
After birth, the child is formally transferred to the prospective parents as per the laws that apply. Due to the complexity involved, surrogacy is governed by laws in India, as there are medical, psychological, and legal obligations involved.
Is Surrogacy Legal in India?
The act of surrogacy is legal in India, but this is only done under certain stringent conditions. The act of surrogacy is not practised openly or liberally. The Indian government has provided for surrogacy only when certain requirements have been met, as has been laid down by Indian law.
If any surrogacy arrangement takes place without complying with these laws and rules, that arrangement will be termed illegal. Hence, even though surrogacy is not prohibited in India, following Indian surrogacy laws is mandatory.
Surrogacy Laws in India
The Act regarding surrogacy in India is the Surrogacy (Regulation) Act, which came into effect to stop the abuse of surrogacy practices. This Act came into effect because, before it, commercial surrogacy was prevalent, which caused many problems, such as abuse of surrogacy, lack of protection, and so on.
This act has been enforced to make sure that the use of surrogacy in India is a medical need-based procedure, and it is not turned into a business activity in any way or form. This act clearly explains every bit of information related to surrogacy, such as selecting surrogates and managing surrogacy as an activity under certain authorities.
What Type of Surrogacy Is Allowed in India?
In Indian law, only altruistic surrogacy is allowed. In altruistic surrogacy, the surrogate mother is not paid a penny for carrying the child. The parents can pay for their health care and pregnancy as per the law.
Commercial surrogacy, wherein the surrogate mother is compensated in terms of a monetary reward in money, is prohibited under Indian law. Advertising such services, using agents, or anything whereby profit is to be derived is prohibited under this section as well. The act is punishable under severe legal conditions.
Eligibility Criteria for Surrogacy in India
Surrogacy in India is allowed only for intended parents who meet specific medical and legal criteria. It is permitted for a well-recorded medical condition where the woman is unable to carry a pregnancy or when it is medically hazardous. The law also prescribes the conditions regarding age, marital status, and citizenship to ensure responsible and regulated use of surrogacy.
Surrogate mothers also have to meet defined eligibility criteria: they have to be medically and psychologically fit, within the prescribed age bracket, and must also provide informed consent. These will serve as protective measures for the health, dignity, and best interests of the surrogate mother throughout the process.
Legal Process for Surrogacy in India
The process of surrogacy in India is very complex and has various legal and medical aspects to be considered. The intended parents are required to acquire certification regarding the medical necessity and eligibility from the authorised authorities. Consent, medical testing, and paperwork are required before proceeding.
Surrogacy can only be done at licensed and recognised centres for surrogacy. One should hence follow all the necessary legal formalities at these centres in order to ensure the proper paternity of the child and avoid any future issues.
Penalties for illegal Surrogacy in India
In Indian law, there are strict penalties for contraventions of surrogacy laws. Those who indulge in commercial surrogacies, operate surrogacy clinics that have not been registered, act as intermediaries, or advertise surrogacy services will face stiff penalties in the form of fines and imprisonment.
Intended parents who engage in illegal surrogate pregnancies can end up facing legal issues regarding parentage and recognition of the child. The legal penalties serve to emphasise why one must be careful when choosing centres.
Conclusion
The concept of surrogacy in India is legal but conducted in a tightly controlled legal environment that supports and sustains healthy practices in the area.
In some countries, only altruistic surrogacy is allowed, and defined regulations and guidelines are required for eligibility and other matters connected with surrogacy centres that are authorised. All other surrogacy activities – commercial and unregulated – are strictly prohibited and are considered an offence under the law.
If you are thinking about surrogacy in India, it is always advisable that you take advice from a recognised surrogacy centre so that your experience of surrogacy is safe, transparent, and legal.
FAQs on Surrogacy Legality in India
Q. Is commercial surrogacy allowed in India?
Ans. Commercial surrogacy is illegal, and receiving any amount for the surrogate mother for medical and pregnancy expenses is illegal.
Q. Under the guidelines for the Assisted Reproduction Technology (Regulation)
Ans. Only eligible intending parents who have a medical requirement proven in court can choose to go for a surrogate pregnancy in India.
Q. Can the surrogate mother take money in India?
Ans. The surrogate mother cannot be paid any fee or profit. However, her medical fees, insurance, and pregnancy fees that the law permits can be paid to her.
Q. Is surrogacy permitted for foreign nationals in India?
Ans. Usually, foreigners are not allowed to consider the option of surrogacy under Indian regulations.
Q. Is legal approval required for surrogacy in India?
Ans. Even regarding legalisation and documentation, it is true that all requirements are mandatory, and surrogacy is practised only through authorised centres.
