Types of Surrogacy and Which Ones Are Allowed in India
Types of Surrogacy and Which Ones Are Allowed in India
The main types of surrogacy are traditional, gestational, altruistic and commercial. In India, only altruistic surrogacy is allowed under the Surrogacy (Regulation) Act, 2021. Commercial surrogacy is strictly banned, and the surrogate cannot use her own egg. The permitted medical route is gestational, where the surrogate has no genetic link to the child.
What are the different types of surrogacy?
Surrogacy is not one single arrangement. It is described in different ways depending on three questions. These are whose egg is used, whether the surrogate is paid, and where the embryo comes from.
| Way of classifying | Type | Short meaning | Status in India |
|---|---|---|---|
| By genetic link | Traditional surrogacy | The surrogate uses her own egg, making her the biological mother. | Not allowed under Indian regulations. |
| By genetic link | Gestational surrogacy | The embryo is made by IVF, and the surrogate only carries the pregnancy. | This is the permitted medical route. |
| By payment | Altruistic surrogacy | No payment beyond medical expenses and insurance cover. | Allowed, with strict conditions. |
| By payment | Commercial surrogacy | The surrogate is paid a fee for carrying the child. | Banned and punishable by law. |
These categories overlap. For example, an arrangement can be gestational and altruistic at the same time. This is the exact model Indian law permits.
What is the difference between traditional and gestational surrogacy?
Traditional surrogacy
In traditional surrogacy, the surrogate's own egg is fertilised with sperm, usually by insemination. She is therefore the genetic mother and carries the baby.
This creates emotional and legal complications because the surrogate is biologically related to the child. For this reason, Indian rules do not permit it.
Gestational surrogacy
In gestational surrogacy, an embryo is created in a laboratory through IVF. It is then transferred to the surrogate's uterus. She has no genetic link to the child.
This is the standard medical route today. Our complete guide to gestational surrogacy explains each stage, from embryo creation to delivery.
Indian rules allow up to three embryo transfer attempts on the same surrogate mother. You can confirm this on the National ART & Surrogacy Portal.
What is altruistic surrogacy and how is it different from commercial surrogacy?
In altruistic surrogacy, the surrogate receives no fee or reward for carrying the child. The intending parents only meet her medical expenses and insurance cover.
In commercial surrogacy, money or any other benefit is given for the pregnancy itself. In India, this is prohibited. The law lays down strict penalties for those who take part.
Altruistic does not mean casual or informal. It still needs medical screening, written consent, legal approvals and clinic registration. Read more in our guide to altruistic surrogacy.
If you are wondering about expenses, our page on surrogate mother cost in India explains the typical medical and legal costs.
Which types of surrogacy are legal in India?
India permits altruistic surrogacy only. It must be carried out through registered ART clinics under the Surrogacy (Regulation) Act, 2021. You can read the official text on India Code.
Who can be an intending parent?
The law is meant for Indian citizens who have a medical need for surrogacy. Intending parents must obtain essentiality and eligibility certificates before starting.
- A legally married Indian couple. The woman must be aged 23 to 50 and the man aged 26 to 55.
- A widow or divorced Indian woman aged 35 to 45 can also be eligible.
- All intending parents must have a medical reason that makes pregnancy impossible or unsafe.
Who can be a surrogate mother?
A surrogate must be a willing woman who is married and has a child of her own. She must be aged 25 to 35.
She can act as a surrogate only once in her lifetime. She must also have the 36-month insurance cover the law requires.
Rules and amendments change from time to time. Check the PRS Legislative Research summary and the official portal before you decide.
Our legal overview for India also covers this in plain language.
Does the source of the egg and sperm create more surrogacy categories?
Yes. Within gestational surrogacy, the embryo can be formed in different ways.
- Using the intending parents' own gametes: the child is genetically related to both parents.
- Using donor gametes: an egg or sperm donor is involved.
Indian rules permit donor gametes only in limited medical situations with required approvals. Single women must use their own eggs and donor sperm. Ask your doctor and check current rules.
These are medical choices, not separate legal categories. They affect the IVF plan, the screening needed and the paperwork involved.
For a step-by-step view of how embryo creation fits into the process, see our surrogacy procedure guide.
What about single parents, same-sex couples and surrogacy abroad?
Under current Indian law, surrogacy is limited to eligible married couples and certain single women. Same-sex couples, live-in partners and single men are not covered.
Rules can be reviewed by courts and the government, so always verify the latest position.
Other countries have their own laws and surrogacy models. Many are strict about who may take part.
These rules differ widely. An arrangement that is legal in one place may not be recognised in another. Seek proper legal advice before considering anything outside India.
Never accept any offer that involves paying a woman to carry a child in India. It can put you, the surrogate and the child at serious risk.
How do you choose the right route for your family?
The right choice starts with your medical situation, not with the type of surrogacy. A reasonable order of steps looks like this:
- Get a full fertility assessment to confirm that surrogacy is medically necessary.
- Check that you meet the eligibility conditions in the Surrogacy (Regulation) Act, 2021.
- Choose a registered ART clinic and ask to see its registration.
- Apply for the certificate of essentiality and the certificate of eligibility.
- Complete the surrogate's screening, consent and insurance requirements.
- Begin IVF and embryo transfer, keeping to the permitted number of attempts.
Success depends on age, health, embryo quality and other factors. It varies from person to person. No clinic can promise a result.
Our page on common myths about surrogacy may also help you separate fact from rumour.
Frequently Asked Questions
What is surrogacy?
Surrogacy is an arrangement where a woman carries a pregnancy for another person or couple. She hands over the child after birth. In India, it is allowed only in the altruistic form.
Is surrogacy banned in India?
No, surrogacy as a whole is not banned, but commercial surrogacy is. Altruistic surrogacy is allowed for eligible intending parents who meet the conditions of the 2021 Act.
What is meant by a surrogate mother?
A surrogate mother is a woman who agrees to carry and deliver a baby for the intending parents. In gestational surrogacy, she has no genetic link to the child.
What is the surrogacy procedure?
It begins with medical checks and legal certificates. This is followed by IVF, embryo transfer, pregnancy care and delivery. The full sequence is explained in our surrogacy law guide.
Is traditional surrogacy allowed in India?
Indian regulations do not follow the traditional model, where the surrogate's own egg is used. The accepted route is gestational, where the embryo is created by IVF.
Can a surrogate be paid in India?
No, she cannot be paid for the surrogacy itself. The intending parents may only cover her medical expenses and insurance as the law allows.
How many embryo transfers can a surrogate mother have?
Indian rules allow up to three attempts on the same surrogate mother. Each attempt must follow medical and legal requirements. The official portal is the best place to confirm current rules.
Want guidance on your own situation?
Every family's medical and legal position is different. If you would like to understand which options may apply to you, you can talk to the VinsFertility team. There is no pressure and no promise of any result.
Sources & References
- The Surrogacy (Regulation) Act, 2021 — Government of India
- Indian Council of Medical Research (ICMR) — National ART & Surrogacy Registry
- NABL — National Accreditation Board for Testing and Calibration Laboratories
- World Health Organization (WHO) — Infertility clinical guidance
- PubMed — Peer-reviewed fertility research (NIH/NLM)
All external sources link to primary government, medical, or peer-reviewed material. This article is reviewed by a qualified fertility specialist and updated as clinical guidance changes.
