The surrogacy regulation bill puts in place stricter guidelines for couples opting for surrogacy it prohibits commercial surrogacy and allows only ethical altruistic surrogacy that too only to an intending infertile Indian married couple between the age of 23 to 50 years and 26 to 55 years for female and male respectively.  The surrogacy regulation bill aims to regulate the practice of surrogacy in the country so as to prevent the exploitation of surrogate mothers and to protect the rights of children born through surrogacy. 

For surrogacy to be valid in the country the bill presents a number of conditions: 

  • Only Indian couples who have been legally married for at least five years would be allowed to opt for surrogacy
  • The bill seeks to allow only ethical artistic surrogacy to the intending infertile Indian.
  • The married couple between the age of 23 to 50 years for female and 26 to 55 years for men
  •  It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy.

  • The surrogate must be a close relative of the interning couple
  • Surrogate must be a married woman having a child of her own
  • She should be between the age of 25 to 35 years year of age.
  • She should not have been a surrogate earlier and must be certifiably mentally and physically
  •  A child born out of surrogacy to be the biological child of the intending couples
  •  The newborn child shall be entitled to all rights and privileges available to a natural child
  • Further, the bill also proposes the setting up of a national surrogacy board at the central level and state surrogacy boards and appropriate authorities in
  • The state and union territories to ensure effective regulation of surrogacy the bill also seeks to regulate the functioning of surrogacy clinics all surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.

Please refer to the below link for the detailed Gazette/ Notification:

As per the Surrogacy (Regulation) Act, 2021, the commercialization of surrogacy has been declared illegal, and also, Gender Selection is banned in India.
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