Surrogacy in India: Surrogacy Act, Eligibility, Discriminations, Etc.

The Surrogacy (Regulation) Act, 2021, in India establishes a regulatory framework for carrying out surrogacy procedures, prohibiting commercial surrog

Surrogacy in India

Surrogacy in India has become one of the most discussed topics in recent years, especially after the government introduced strict laws to regulate it. For many couples who are unable to conceive naturally, surrogacy offers hope and a chance to experience parenthood. At the same time, it also raises serious legal, ethical, and social questions.

In simple terms, surrogacy is an arrangement where a woman carries and gives birth to a child for another person or couple. However, in India, this process is no longer as open as it once was. The law has now imposed strict rules to prevent misuse and protect women from exploitation.

This article will help you understand what surrogacy is, how it works in India, the legal framework, eligibility criteria, and the key issues surrounding it.

What is Surrogacy?

Surrogacy is a method of assisted reproduction where a woman, known as the surrogate mother, agrees to carry a child for someone else, called the intending parents.

There are two main types of surrogacy:

• Altruistic Surrogacy – The surrogate mother does not receive any financial compensation except for medical expenses and insurance.
• Commercial Surrogacy – The surrogate is paid money beyond medical costs for carrying the child.

In India, only altruistic surrogacy is allowed, while commercial surrogacy is completely banned.

This means the law permits surrogacy only when it is done for emotional or humanitarian reasons, not for profit.

Evolution of Surrogacy in India

Surrogacy in India has gone through a major transformation over the years.

In the early 2000s, India became a global hub for commercial surrogacy. Many foreign couples came to India because the process was relatively affordable and accessible. Clinics offered complete “surrogacy packages,” and the industry grew rapidly.

However, over time, several issues emerged:

• Exploitation of poor women
• Lack of proper regulation
• Legal disputes over parentage and citizenship

These concerns led the government to gradually tighten the rules. Finally, the Surrogacy (Regulation) Act, 2021 was passed, completely banning commercial surrogacy and allowing only regulated altruistic arrangements.

Legal Framework Governing Surrogacy

Surrogacy in India is regulated through a well-defined legal framework aimed at ensuring ethical practices and preventing exploitation. The primary legislation governing this area is the Surrogacy (Regulation) Act, 2021, which marked a major shift from the earlier unregulated system to a controlled and legally supervised process.

Surrogacy in India is currently governed by:

• Surrogacy (Regulation) Act, 2021
• Surrogacy (Regulation) Rules, 2022
• Amendments and Regulations of 2023 and 2024

The Act permits only altruistic surrogacy, meaning the surrogate mother cannot receive any financial compensation beyond medical expenses and insurance coverage. Commercial surrogacy has been completely banned to protect economically vulnerable women from being exploited.

To support the implementation of the Act, the government introduced the Surrogacy (Regulation) Rules, 2022, which provide detailed procedures for eligibility, documentation, and regulation of clinics. These rules ensure that the process remains transparent and standardized.

In addition, the Assisted Reproductive Technology (Regulation) Act, 2021 works alongside the Surrogacy Act. It regulates fertility clinics, sperm banks, and procedures like IVF, which are essential for surrogacy.

The law also mandates strict eligibility criteria for intending parents and surrogate mothers. Approval from competent authorities is required before proceeding, ensuring that surrogacy is used only in genuine cases of medical necessity.

Regulatory bodies such as National and State Surrogacy Boards oversee the process and ensure compliance. Registration of clinics is compulsory, and strict penalties are imposed for violations, including engaging in commercial surrogacy.

Overall, India’s surrogacy laws aim to balance the desire for parenthood with the need to protect women and maintain ethical standards in reproductive practices.

Key Features of the Surrogacy Law

The current law includes several important provisions:

• Commercial surrogacy is completely banned
• Only altruistic surrogacy is allowed
• Surrogacy clinics must be registered
• Advertising for surrogates is prohibited
• The child born is considered the biological child of the intending parents
• Insurance coverage for the surrogate mother is mandatory

These provisions aim to create a safe and transparent system.

Eligibility Criteria for Intended Parents

Not everyone can opt for surrogacy in India. The law sets strict conditions.

For Married Couples:

• Must be Indian citizens
• Woman’s age: 23 to 50 years
• Man’s age: 26 to 55 years
• Must be medically infertile
• Should not have a surviving child (with some exceptions)

For Single Women:

• Allowed only if widowed or divorced
• Age must be between 35 to 45 years
• Must not have a surviving child

Not Allowed:

• Single men
• Same-sex couples

This restriction has been widely debated in India.

Eligibility Criteria for Surrogate Mother

The law also sets conditions for the surrogate mother to ensure her safety.

• Must be a married woman
• Must have at least one biological child
• Age should be between 25 and 35 years
• Can act as a surrogate only once in her lifetime
• Must be a close relative of the intending couple

These conditions aim to ensure that the surrogate fully understands the emotional and physical impact of the process.

Rights of the Child Born Through Surrogacy

One of the most important aspects of surrogacy law is the status of the child.

• The child is legally considered the biological child of the intending parents
• The surrogate mother has no parental rights after birth
• The child gets all legal rights, including inheritance

This ensures clarity and avoids future disputes.

Process of Surrogacy in India

The process of surrogacy in India involves several steps:

1. Medical certification of infertility
2. Approval from appropriate authorities
3. Matching with a surrogate (usually a relative)
4. Legal agreements and documentation
5. IVF procedure and embryo transfer
6. Pregnancy and delivery
7. Legal transfer of the child to the parents

Each step is closely monitored to ensure compliance with the law.

Ethical Issues and Concerns

Surrogacy is not just a medical process; it raises serious ethical questions.

1. Exploitation of Women

Before the law, many poor women were forced into commercial surrogacy for money.

2. Emotional Impact

The surrogate may develop an emotional bond with the child, making separation difficult.

3. Restrictive Nature of Law

Some argue that banning commercial surrogacy limits women’s freedom to make choices.

4. Exclusion of LGBTQ+ Community

The law currently does not allow same-sex couples, which raises concerns about equality.

Recent Developments and Changes

Surrogacy laws in India continue to evolve.

• In 2024, rules were amended to allow the use of donor gametes in certain medical conditions
• Courts have started interpreting the law more flexibly in special cases

For example, courts have allowed surrogacy in unique medical situations where strict rules would otherwise deny parenthood.

Challenges in Implementation

Even with strict laws, challenges still exist:

• Illegal surrogacy rackets continue to operate
• Lack of awareness among people
• Difficulty in finding eligible surrogate mothers
• Over-regulation leading to delays

These challenges show that law alone cannot solve all issues. Proper enforcement and awareness are equally important.

Importance of Surrogacy in Modern Society

Despite challenges, surrogacy plays an important role in society.

• It provides hope to infertile couples
• Helps individuals achieve parenthood
• Advances medical science

For many families, surrogacy is not just a legal concept—it is an emotional journey.

Conclusion

Surrogacy in India has moved from an unregulated commercial practice to a strictly controlled legal framework. The Surrogacy (Regulation) Act, 2021 aims to strike a balance between allowing parenthood and preventing exploitation.

While the law has made the system safer, it has also raised new debates about personal freedom, inclusivity, and reproductive rights.

At its core, surrogacy is about creating life and building families. The challenge for India is to ensure that this process remains ethical, fair, and accessible—while protecting the dignity and rights of everyone involved.