Surrogacy in India

Surrogacy in India has undergone a significant transformation with the introduction of the new surrogacy law in 2021. The law prohibits commercial surrogacy and permits only altruistic surrogacy arrangements to prevent the exploitation of women. This article outlines the guidelines and prerequisites for couples and individuals seeking surrogacy in India.

Prerequisites for Surrogacy in India

1. Conditions for Married Couples

Surrogacy in India is only available to married couples who have been together for at least five years and are both Indian nationals. Both the husband and the wife should be in their twenties and the couple’s age should be between 26 and 50.

2. Requirements for Single Women

Single women, including unmarried, married, divorced, or widowed women aged between 35 and 45, are also considered eligible for surrogacy in India. However, a woman cannot opt for surrogacy if she has a surviving child from her previous marriage.

Guidelines for Altruistic Surrogacy in India

Only altruistic surrogacy arrangements are legal in India, in which the surrogate mothers carries the child for the benefit of another individual or couple without receiving any financial remuneration beyond that of the surrogate’s medical bills and insurance premiums. With this protection in place, the safety and well-being of all individuals involved in surrogacy in India may be guaranteed.

To further regulate surrogacy practices in India, the new law sets forth several guidelines that must be followed by couples and individuals seeking surrogacy, including:

  • The intended parents must obtain a certificate of infertility from a licensed medical practitioner to demonstrate their inability to conceive a child.
  • Both the surrogate mother and the intending parents must sign off on the surrogacy agreement for it to be legally binding.
  • The surrogacy arrangement must be made through a registered surrogacy clinic, which will be responsible for ensuring that all legal and medical requirements are met.

Requirements and Screenings for Surrogate Mothers

The choice to become a surrogate mother is one that should not be made lightly. Surrogacy involves carrying and delivering a child for intended parents who are unable to conceive on their own. To ensure the safety of everyone involved, there are specific requirements and screenings that a woman must meet before becoming a surrogate mother.

Requirements for Surrogate Mothers

To be a surrogate mother, a woman must meet certain requirements. These include being between the ages of 25 and 35, already having at least one biological child, and being in a stable relationship or married. These fundamental criteria demonstrate that the surrogate is mature and emotionally stable enough to carry a child to birth.

Medical and Psychological Screenings

To ensure the surrogate’s physical and mental well-being, medical and psychological screenings are mandatory. The surrogate must undergo these checks to determine if she is healthy enough to carry a child. These screenings also help identify any potential risks that may impact the surrogate or the baby’s health.

One-and-Done Deal

There is no second chance in surrogacy, for the surrogate. This means that the surrogate is not expected to carry multiple pregnancies for the same intended parents or for anyone else in her lifetime. This practice ensures the safety and well-being of everyone involved in the surrogacy process.

Safety Protocols

Surrogacy is tightly regulated to ensure the safety of everyone involved. For both the intended parents and the surrogate, surrogacy is a one-and-done deal. Additionally, to ensure everyone’s safety, only one embryo is transferred at a time. These safety protocols help to protect the surrogate and the baby throughout the surrogacy process.

Surrogacy in India: The Approval Process for Ethical Practices

The practice of surrogacy in India has been regulated by the Surrogacy (Regulation) Act, 2021, which lays out a stringent approval process to ensure ethical surrogacy practices. This article will provide an overview of the approval process for surrogacy in India.

Application to the National Surrogacy Board

The first step in the surrogacy approval process in India is to submit an application to the National Surrogacy Board. The application should include details of the intended parents and the surrogate mother, including medical and family history, as well as a medical fitness certificate. The National Surrogacy Board will review the application and determine whether the surrogacy arrangement is ethical and in compliance with the law.


The new surrogacy law in India emphasizes responsible and regulated surrogacy practices in the country while prioritizing the well-being of all parties involved. The guidelines and prerequisites outlined in the law provide a framework for ethical and transparent altruistic surrogacy in India.

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