Surrogacy Laws in India

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Surrogacy is a process wherein a woman ("surrogate mother") agrees to become pregnant and gives birth to a child on behalf of another couple who will become the child's legal parents.

There are two main types of surrogacy:

  1. Traditional Surrogacy

    • The surrogate’s own egg is used.

    • She is genetically related to the child.

    • This form is rare today due to legal and emotional complications.

  2. Gestational Surrogacy

    • The surrogate carries an embryo created through IVF using the intended parents' or donors’ egg and sperm.

    • The surrogate has no genetic link to the baby.

    • This is the most common and legally preferred method.

Surrogacy in India has undergone a massive transformation due to ethical concerns and a need to regulate the growing fertility industry. The Surrogacy (Regulation) Act, 2021 replaced earlier guidelines issued by the Indian Council of Medical Research (ICMR) and introduced a strategic regime.

The 2021 Act includes only altruistic surrogacy which means that the surrogate mother cannot receive monetary compensation except medical expenses and insurance coverage. This Act bans commercial surrogacy to protect vulnerable women from being exploited for profit. The law also prohibits advertising for surrogacy services for foreign nationals ending India's reputation for being a global surrogacy hub.

The eligibility criteria for pursuing surrogacy are very strict i.e. it limits to only married India couples with infertility and prescribed age limits. Initially, the Act required only a close relative to be a surrogate but this was later amended to include any willing woman to act as a surrogate only if she is healthy and meets the age criteria and already has a child. Single men and women, foreign nationals, unmarried couples and LGBTQ+ couples are excluded from this Act which raises debates about equality.

The Act also establishes national and state surrogacy boards, mandates registration for surrogacy clinics, and sets clear procedures for obtaining consent and issuing parental orders. While the law strengthens regulatory oversight and protects surrogate mothers, critics argue that it is overly restrictive and limits access for diverse families who may genuinely need assisted reproductive technologies.

Overall, India’s surrogacy law aims to balance ethical concerns with reproductive rights, but ongoing debate suggests the framework may continue evolving to meet societal needs.

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