Surrogacy in India — the current framework
Surrogacy in India is governed by two laws working together: the Surrogacy (Regulation) Act 2021 and the Assisted Reproductive Technology (Regulation) Act 2021, with detailed rules notified in 2022. Together they:
- Permit only altruistic surrogacy — commercial surrogacy is illegal.
- Define strict eligibility criteria for intended parents and surrogates.
- Require all surrogacy arrangements to go through registered ART clinics and surrogacy clinics.
- Mandate insurance for the surrogate and clear legal documentation of parental rights.
- Restrict surrogacy to Indian citizens.
For couples who qualify, surrogacy is a clear, documented path with legal protections built in. For those who don't qualify, it isn't available in India under current law.
Who is eligible?
Intended parents must be:
- An Indian married couple (heterosexual), wife between 23–50 years, husband between 26–55, married for at least 5 years.
- OR a qualifying single Indian woman (widowed or divorced, between 35–45 years).
- Have a documented medical condition that makes pregnancy not possible or not safe.
- Not have any surviving biological, adopted, or surrogate child (limited exceptions for children with special needs).
The surrogate must:
- Be a close relative of the intended couple.
- Be married and have at least one biological child of her own.
- Be between 25 and 35 years.
- Have not been a surrogate before.
- Be medically and psychologically fit.
- Provide written consent.
The medical process — step by step
- Eligibility documentation — medical certificates, marriage certificate, surrogate's identity and consent, insurance arrangement.
- Mandatory counselling — for intended parents, surrogate, and their partners. Conducted by certified counsellors.
- IVF cycle — intended mother undergoes stimulation, retrieval, and fertilisation with partner sperm (or donor gametes as permitted by the Act). Embryos are created.
- Surrogate preparation — the surrogate's uterus is hormonally prepared for embryo transfer.
- Embryo transfer — performed at the registered ART centre.
- Pregnancy care — antenatal care for the surrogate at the registered centre. Standard obstetric monitoring throughout.
- Delivery — at a registered facility. Parental rights vest in intended parents under the Act.
- Post-delivery — birth certificate issued in intended parents' names. Surrogate is not the legal mother.
Legal documentation
Surrogacy arrangements require:
- A surrogacy agreement, notarised, covering the responsibilities of all parties.
- Insurance for the surrogate covering medical complications and post-delivery care.
- Certificate of essentiality issued by the appropriate authority.
- Eligibility certificates for intended parents and surrogate.
KIMS Fertility's regulatory team handles documentation alongside legal counsel; intended parents don't need to navigate this independently.
Cost considerations
Total program cost in India under the 2021 framework typically runs ₹15L–₹25L in 2026, covering:
- IVF cycles for the intended mother.
- Embryo transfer cycles.
- Antenatal care and delivery.
- Surrogate medical reimbursements (as permitted).
- Mandatory insurance for the surrogate.
- Legal documentation.
- Centre fees.
Costs vary by centre, complexity, and number of IVF cycles needed.
Emotional dimensions
Surrogacy is an emotionally complex path. Common questions: How will I bond with a baby I didn't carry? How does the surrogate feel about handing over the baby? What about extended family attitudes? These are real and require working through. The mandatory counselling sessions exist for this reason; they aren't optional or perfunctory in good practice.
How I work
My role in a surrogacy program is medical and coordinating. I handle the IVF cycle for the intended mother, the embryo transfer to the surrogate, and the obstetric oversight through pregnancy. I work alongside KIMS Fertility's regulatory team for compliance and alongside qualified counsellors for the emotional and psychological aspects. The aim is a process that feels supported and clear, not bureaucratic and lonely.
Exploring surrogacy as an option?
A consultation lets us walk through eligibility, the medical pathway, and what to expect.
Book at KIMS Fertility (opens in a new tab)Frequently asked questions
The questions patients ask me most often about surrogacy in India.
Is commercial surrogacy legal in India?
No. Under the Surrogacy (Regulation) Act 2021, only altruistic surrogacy is permitted. Commercial surrogacy is illegal. Surrogate may receive medical expenses, insurance, and reasonable reimbursement only.
Who is eligible in India?
Heterosexual married Indian couples with medical indication (wife 23–50, husband 26–55, married 5+ years). Single women (widowed/divorced, 35–45) are eligible under specific provisions. No surviving child with limited exceptions.
What does it cost in India?
₹15L–₹25L total in 2026, across medical care, surrogate reimbursements, insurance, legal documentation, and centre fees.
How long does the process take?
12–18 months from consultation to delivery. Eligibility and counselling: 1–2 months. Surrogate identification: 2–4 months. IVF + transfer: 2–3 months. Pregnancy: 9 months.
What's the role of the IVF clinic?
Handles medical aspects: IVF, embryo transfer, antenatal care, delivery. Must be registered under both Acts. My role is medical guidance and regulatory compliance.
Can foreigners use Indian surrogacy?
No. The 2021 Act restricts surrogacy to Indian citizens. Foreign nationals, PIOs, and OCIs are not eligible under current law.
What if the surrogate has medical complications?
Insurance covering complications is mandated by the 2021 Act and must be in place before transfer. Clinic provides standard obstetric care; higher-risk situations referred under the same framework.
What rights do intended parents have?
Under the Act, the surrogacy-born child is deemed biological child of intended parents. Surrogacy contracts notarised. Parental rights vest in intended parents from birth; surrogate has no parental rights. Birth certificate issued in intended parents' names.