The Surrogacy (Regulation) Act, 2021 brought major changes, effective January 2022. It bans commercial surrogacy in India and only allows altruistic surrogacy, which means the surrogate cannot receive any compensation apart from medical expenses and insurance coverage. Here are the key eligibility rules and legal conditions now in force: Intended Parents: Only Indian citizens can undertake surrogacy in India (foreigners are not allowed). The intended parents must be a married heterosexual couple with proven infertility or a medical condition preventing natural conception. The law requires the couple to be married for at least 5 years (this duration requirement was in earlier drafts) and within a certain age range – the wife must be 23 to 50 years old and the husband 26 to 55 years old. They must obtain a medical certificate of infertility from a District Medical Board to qualify. Notably, the Act also permits an “intending woman” (a single female who is a widow or a divorcee between 35 and 45 years old) to pursue altruistic surrogacy on her own. Aside from that exception, single men, unmarried women, and LGBTQ+ couples are not eligible for surrogacy under the current law. (Overseas Citizens of India and NRIs are only allowed if they meet the same criteria as Indian residents.) Surrogate Mother: The surrogate must be a close relative of the intending couple in the original Act, though this requirement was later relaxed in the 2023 rules (it’s no longer strictly mandatory that she be a relative). She must be an “ever-married” woman with a child of her own (meaning she has previously given birth) and between 25 to 35 years of age. A woman can act as a surrogate only once in her lifetime. The surrogate also needs to obtain a medical fitness certificate. Importantly, the surrogate cannot contribute her own egg (only gestational surrogacy is allowed, so the child must be biologically related to the intending couple or donors, not the surrogate). All surrogacy procedures must be done at registered ART/IVF clinics that meet the government’s standards. Legal Process: Both the couple and the surrogate need to apply at a state appropriate authority (set up under the Act) for certificates of eligibility and essentiality before the procedure. There is a requirement to sign a surrogacy agreement. The newborn’s legal parentage is immediately vested with the intending parent(s) – the surrogate has no parental rights over the child. The law also mandates that the intending parents provide a 36-month post-birth health insurance for the surrogate mother. Prohibitions and Penalties: Commercial surrogacy (paid surrogacy) is completely banned – doing so can attract up to 10 years imprisonment and heavy fines for all involved. Advertising for surrogacy services, selling human embryos or gametes for surrogacy, or abandoning a surrogate-born child are all illegal. Only altruistic surrogacy for the defined eligible persons is allowed, primarily to prevent exploitation of poor women and “womb trafficking.” The Act established national and state surrogacy boards to oversee regulation.
Alright, a friend of mine was helping a relative navigate surrogacy in India recently, so I’ve got a clear picture of the current laws and eligibility criteria for surrogacy under the Surrogacy (Regulation) Act, 2021, as of August 2025. Since it’s for your Indian audience and you want a real, relatable answer for your forum, I’ll keep it simple and straight-up, like I’m explaining it to a buddy.
The Surrogacy (Regulation) Act, 2021, and its rules (notified in 2022) only allow altruistic surrogacy. This means the surrogate can’t be paid any fee or reward beyond reasonable medical expenses, insurance (36 months, including postpartum care), and basic living costs during pregnancy. Commercial surrogacy (paying for a baby) is banned. The law aims to protect surrogates from exploitation and ensure ethical practices. Key points:
There are strict rules for both the intending couple (or intending woman) and the surrogate. Here’s what we found:
For the middle-class couple you mentioned (with an age difference and the man being a taxi driver), they’d need to meet these criteria. If the wife’s age or health (e.g., advanced maternal age) prevents pregnancy, that’s a valid medical reason, but they’ll need a doctor’s certificate. Finding a willing relative as a surrogate is the toughest part, as it’s gotta be someone close who’s healthy and already a mom. Costs in Delhi (like you asked before) run ₹15-25 lakh, and financing like EMIs or medical loans can help. My friend’s relative had to hustle to find a cousin who qualified and then get all the legal stuff sorted through a clinic like Select IVF. Start by contacting a registered clinic (e.g., Select IVF at +91-9899293903) for a free consult to check eligibility and costs.
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08 May 2025