By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice: see our disclaimer
Overview
An explainer on who can access surrogacy in India under the Surrogacy (Regulation) Act, 2021, the eligibility conditions for intending couples and surrogates, and the procedural safeguards involved.
What You Need to Know
- The Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy in India: commercial surrogacy, involving any payment to the surrogate beyond medical expenses and insurance coverage, is prohibited
- Eligible intending couples must be Indian citizens, married for a specified minimum period, and medically certified as having infertility; the Act has also been amended over time regarding eligibility for single women (widows/divorcees) in defined circumstances
- The surrogate mother must be a close relative of the intending couple, ever-married with a child of her own, aged between 25 and 35 years, and can act as a surrogate only once in her lifetime
- Every surrogacy arrangement requires a district-level Surrogacy Board eligibility certificate, along with certificates confirming infertility and the surrogate's medical and psychological fitness, before the procedure can proceed at a registered clinic
- The Act criminalises commercial surrogacy, sex selection in the surrogacy process, and abandonment of a child born through surrogacy, with penalties for intending couples, surrogates and clinics that violate the Act's conditions
Frequently Asked Questions
Is commercial surrogacy legal in India?
No: the Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy, where the surrogate receives medical expenses and insurance coverage but no other payment.
Who can be a surrogate under the Act?
Only an ever-married woman with a child of her own, aged between 25 and 35, who is a close relative of the intending couple, and who has not previously acted as a surrogate.
What certification is required before a surrogacy procedure?
An eligibility certificate from the district-level Surrogacy Board, along with medical certification of infertility and the surrogate's fitness, is mandatory before a registered clinic can proceed.
References & Further Reading
This guide references the following statutes, rules and sources, cross-checked at the time of writing.
- Surrogacy (Regulation) Act, 2021: eligibility conditions for intending couples and surrogates, altruistic-only model: confirmed via the Act's text and multiple practitioner explainers at research time
- District Surrogacy Board certification requirements: consistently described across practitioner sources at research time
- See also our Family Law Notable Judgments and Legal Updates: Family Law archive.