Altruistic Surrogacy in India

Altruistic surrogacy in India is a legal and ethical arrangement where a woman, known as the surrogate, agrees to carry and give birth to a child for another individual or couple, without receiving any financial compensation beyond medical expenses and insurance. This form of surrogacy is permitted under Indian law, provided the surrogate is a close relative and does it purely out of compassion or love.

Regulated by the Surrogacy Regulation Act, 2021, altruistic surrogacy aims to protect the rights of all parties involved—intended parents, surrogate mothers, and the child—while preventing commercial exploitation. It reflects a shift towards more humane and socially responsible practices in assisted reproduction, ensuring that the process remains grounded in trust, dignity, and family values.

What is Altruistic Surrogacy?

Altruistic surrogacy is a type of surrogacy where the surrogate mother agrees to carry a child for intended parents without receiving any financial compensation beyond essential medical expenses and insurance coverage. The motivation is based on emotional connection, compassion, or family support, not commercial gain.

In countries like India, altruistic surrogacy is the only legal form of surrogacy under the Surrogacy (Regulation) Act, 2021, aiming to prevent exploitation and protect ethical family-building options.

Understanding Surrogacy – What are the two main types of surrogacy?

Surrogacy means “to carry” It is a term in medicine used for a female other than the mother who is chosen to carry the baby. Although the surrogacy procedure is not as strictly traditional as its name suggests. There are two different terms defined for surrogacy, which are traditional surrogacy and gestational surrogacy.

Traditional surrogacy involves taking a healthy gamete from another female, and a female from the intended couple will carry the baby for nine months.
Another is Gestational surrogacy, in which the baby is carried for nine months by a surrogate mother.

Difference Between Commercial and Altruistic Surrogacy

The main difference between commercial and altruistic surrogacy lies in the intent and financial aspect of the arrangement. In commercial surrogacy, the surrogate mother is paid beyond medical expenses—she receives a financial reward for carrying the child. This form of surrogacy often involves third-party agencies and is driven by compensation. In contrast, altruistic surrogacy involves no monetary benefit for the surrogate except reimbursement of medical and insurance costs. It is usually done by a close relative or a known person, purely out of goodwill or an emotional bond.

In India, only altruistic surrogacy is legal under the Surrogacy (Regulation) Act, 2021, while commercial surrogacy has been completely banned to prevent exploitation and ensure ethical practices. Altruistic surrogacy is seen as a compassionate, family-driven process, while commercial surrogacy is more contractual and business-oriented in nature.

Aspect	Altruistic Surrogacy	Commercial Surrogacy
Compensation	No financial reward, only medical & insurance expenses	Surrogate is paid for her service
Legal Status in India	Legal under the Surrogacy (Regulation) Act, 2021	Banned in India since 2021
Surrogate Selection	Usually, a relative or a known person	Often through agencies or unknown women
Motive	Compassion, emotional bond, and family support	Financial or commercial gain
Ethical View	Considered ethical and family-driven	Often criticised for exploitation risks
Regulation	Strictly monitored by law with limited scope	Prohibited by law to avoid unethical practices

Procedure of Surrogacy: Altruistic Surrogacy in India

Before entering into the procedure of surrogacy, various tests are done to determine the exact cause of infertility. Also, if a couple agrees to the procedure, surrogacy lawyers in Delhi agree with legal and ethical considerations from both teams. Altruistic surrogacy in India has all the following steps:

Initial Consultation: The journey begins with a consultation where intended parents discuss their medical history, fertility challenges, and expectations with a fertility specialist.
Matching Process: Surrogates undergo rigorous screening to ensure they are physically and mentally fit to carry a pregnancy. Once a suitable match is found, both parties sign a surrogacy agreement.
In Vitro Fertilisation (IVF): The IVF process involves the fertilisation of eggs and sperm in a laboratory setting. The resulting embryo is then transferred to the surrogate’s uterus.
Pregnancy Monitoring: Surrogates receive regular medical check-ups throughout the pregnancy to ensure the health of both the baby and the surrogate.
Birth and Legal Formalities: After the child is born, the intended parents are named on the birth certificate, and they assume full parental responsibilities immediately and the physical demands of pregnancy.
Rigorous Screening: Surrogates undergo psychological and medical evaluations to ensure they are fully aware of the responsibilities and implications of surrogacy.
Informed Consent: Surrogacy agreements outline all aspects of the process, ensuring that surrogates and intended parents are fully informed and in mutual agreement.

Factors To Choose the Right Surrogacy Services

Choosing the right surrogacy service requires careful attention to both legal and emotional aspects. First and foremost, ensure that the clinic or agency strictly adheres to the Surrogacy (Regulation) Act, 2021, which only permits altruistic surrogacy in India. All agreements should be legally sound, clearly drafted, and transparent to protect the rights of all parties involved. Legal guidance throughout the process is essential to avoid future complications regarding parental rights or birth registration.

Equally important is the clinic’s medical expertise. Opt for centres with well-established fertility specialists, modern IVF labs, and a strong history of successful surrogacy cases. The surrogate mother should go through a detailed screening process, including physical, psychological, and background checks, to ensure a safe and ethical match.

You can look for all these factors while choosing a surrogacy clinic.

Every type of gynaecological service should be available.
Cryopreservation of gametes is also a unique factor. Gametes need to be frozen at lower temperatures for further use.
Other than IVF, Intra-Cytoplasmic Sperm Injection is also given to females who have a less sperm-producing male partner. This means facilities for all kinds of assisted reproductive technologies.
The clinic should sustain more than 70% success rates in IVF treatment.

Why Did India Ban Commercial Surrogacy?

India banned commercial surrogacy through the Surrogacy (Regulation) Act, 2021, to protect the dignity and rights of women and children. The decision was driven by growing concerns about the exploitation of poor women, who were often lured into surrogacy solely for money without a full understanding of its emotional, legal, and medical consequences. Many unregulated clinics and agents operated in the shadows, leading to ethical violations, abandonment of babies, and cross-border legal disputes. To prevent India from becoming a global surrogacy hub driven by profit, the government opted to allow only altruistic surrogacy, where the intent is rooted in compassion and not financial gain.

To stop the exploitation of poor and vulnerable women.
To avoid the commercialisation of motherhood and human life.
Rising cases of abandoned surrogate babies.
Lack of legal clarity in international surrogacy cases.
Surge in unregulated clinics and illegal brokers.
Pressure from social, ethical, and feminist groups.
To prevent India from becoming a “surrogacy tourism” hub.
Promote altruistic, family-based surrogacy with emotional grounding.

Surrogacy Regulation Act, 2021: Altruistic Surrogacy in India

The Surrogacy (Regulation) Act, 2021, is a key legislation passed by the Indian Parliament to regulate and monitor the practice of surrogacy in India. This law came into effect in January 2022 and aims to prohibit commercial surrogacy while promoting ethical, altruistic surrogacy for intended Indian couples facing infertility. The Act ensures the protection of surrogate mothers from exploitation and safeguards the rights of the child born through surrogacy.

Only Altruistic Surrogacy Allowed

Only permission for legal altruistic surrogacy in India.
Surrogate mothers can receive only medical expenses and insurance coverage—no monetary compensation beyond this.

Ban on Commercial Surrogacy

Any surrogacy arrangement involving financial gain for the surrogate is strictly prohibited.
Brokers, agents, and middlemen involved in commercial surrogacy can face criminal charges.

Eligibility for Intended Parents

Only Indian heterosexual married couples are allowed to opt for surrogacy.
Woman’s age: 23–50 years; Man’s age: 26–55 years.
The couple must be medically certified as infertile and should not have any surviving biological or adopted children (with a few exceptions).

Eligibility for Surrogate Mothers

Only married women (aged 25–35 years) with at least one biological child of their own can be surrogates.
A woman can be a surrogate only once in her lifetime.
She must be a close relative of the intended couple.
Medical and psychological fitness is mandatory.

National & State Surrogacy Boards

Establishment of the National Surrogacy Board and State Surrogacy Boards to regulate and oversee practices.
These bodies will formulate policies, conduct audits, and handle grievances.

Surrogacy Clinics Regulation

Only registered and government-recognised clinics can offer surrogacy services.
All clinics must maintain transparency, documentation, and follow ethical practices.

Penalties and Punishments

Commercial surrogacy, advertisement, or misuse can lead to up to 10 years of imprisonment and fines up to ₹10 lakh.
Harassment or coercion of surrogate mothers is also punishable.

Purpose and Importance of the Act

The Act was introduced in response to rising concerns about the commercial exploitation of women, baby-selling rackets, and surrogacy tourism in India. It reflects a strong legal and moral shift toward protecting the surrogate, the child, and the dignity of parenthood.

Is Surrogacy Legal in India For Foreigners?

No, surrogacy is not legal in India for foreigners. According to the Surrogacy (Regulation) Act, 2021, only Indian heterosexual married couples are permitted to pursue surrogacy within the country. The law prohibits foreign nationals, NRIs (Non-Resident Indians), PIOs (Persons of Indian Origin), and OCI cardholders from engaging in any surrogacy arrangements in India. This step was taken to curb the growing misuse of surrogacy by international clients, prevent exploitation of poor Indian women, and avoid legal complications related to the nationality and citizenship of surrogate children.

The Act allows surrogacy only for Indian couples who are medically proven to be infertile and meet the age and eligibility criteria. Single parents, live-in couples, same-sex couples, and foreign citizens are strictly excluded. As a result, India has firmly closed its doors to cross-border surrogacy, and intended parents must explore other countries where surrogacy is legally allowed for foreigners.

Step-by-Step Procedure of Altruistic Surrogacy in India

The process of altruistic surrogacy in India starts when a legally married Indian couple visits a recognised fertility clinic or surrogacy centre. During the initial stage, the couple must go through detailed medical evaluations to assess their fertility status and overall health condition. This helps the doctors determine whether they are eligible for assisted reproductive techniques like IVF. In addition to medical tests, psychological counselling is also provided to the couple and the proposed surrogate mother to ensure that all parties are mentally and emotionally prepared for the journey ahead.

As part of the legal procedure, the couple’s eligibility is thoroughly examined in line with the Surrogacy (Regulation) Act, 2021. This law permits only altruistic surrogacy and restricts it to Indian citizens, ensuring that the arrangement is free of commercial interests and based solely on compassion and mutual consent. Here are all the steps that can be concluded in the next section:

Identification of a Surrogate Mother

In altruistic surrogacy, the surrogate is usually a close relative of the intended couple (as per Indian law).
She must:

Be married and has a biological child of her own.
Be aged 25–35 years.
Be physically and mentally fit, with no history of medical complications.

A full medical and psychological screening is done to confirm her suitability.

Legal Documentation and Surrogacy Agreement

Before any medical procedure begins, a legal contract is drafted.
This agreement includes:

The rights and responsibilities of both parties.
Assurance that the surrogate is doing this out of compassion and will not receive any payment beyond medical expenses and insurance coverage.
A declaration that the intended parents will accept full responsibility for the child.

The agreement must be notarised and submitted to the appropriate authority, often with the involvement of a district medical board.

Preparation of Surrogate and Intended Mother

Once legal approvals are completed, the medical process starts.

The intended mother’s eggs and father’s sperm are collected for IVF (In-Vitro Fertilisation).
If the mother cannot produce viable eggs, donor eggs may be used (as permitted by law).
Simultaneously, the surrogate undergoes hormone treatment to prepare her uterus for embryo transfer.

IVF and Embryo Transfer

The embryos created in the lab using IVF are carefully selected and transferred into the surrogate’s womb.

This is a sensitive step and requires skilled fertility doctors.
Usually, only one or two embryos are implanted to reduce complications.
The surrogate is advised to rest and undergo routine checkups to monitor implantation success.

Pregnancy Monitoring and Support

If the embryo implants successfully, the surrogate continues with a normal pregnancy.

She receives regular prenatal care, ultrasounds, and health monitoring.
The intended parents are kept updated and may be allowed to attend doctor visits, depending on mutual comfort.
Emotional support and counselling are often provided throughout the pregnancy.

Delivery and Post-Delivery Formalities

Once the baby is born, the hospital facilitates:

Immediate care for the newborn.
Handover of the baby to the intended parents.
Issuance of a birth certificate in the name of the intended parents only.
The surrogate has no legal right over the child.

The surrogate is also given postnatal medical care and insurance coverage as outlined in the agreement.

Post-Birth Legal Confirmation (If Needed)

In rare cases, additional legal formalities might be required to ensure the child’s rights are fully transferred to the intended parents. This ensures smooth entry into the family unit with no ambiguity.

Which Countries allow commercial Surrogacy?

Commercial surrogacy is legally permitted in a few countries, each with its own set of rules and restrictions. In the United States, several states like California, Illinois, and Nevada allow commercial surrogacy under strong legal frameworks, making it a popular destination for international intended parents.

Ukraine and Georgia also permit commercial surrogacy, especially for heterosexual married couples, and have become well-known hubs due to affordability and clear laws, although Ukraine’s services are currently limited due to the war. Russia allows commercial surrogacy, but ongoing political changes may affect its future legality.

In Colombia and Mexico (in states like Tabasco and Sinaloa), commercial surrogacy is practised legally or in legal grey zones, but such arrangements require careful legal supervision. While these countries offer legal access to paid surrogacy, it’s essential to understand local laws, ethical considerations, and legal parentage rights before proceeding, especially for international or same-sex couples seeking surrogacy abroad.

How Much Does Altruistic Surrogacy Cost?

Altruistic surrogacy in India is significantly more affordable compared to commercial surrogacy because the surrogate mother is not paid any monetary compensation beyond medical expenses. The total cost mainly covers IVF procedures, medical checkups, hospital delivery charges, legal documentation, insurance, and postnatal care. On average, the cost of altruistic surrogacy in India ranges between ₹4,00,000 to ₹7,50,000, depending on the clinic, location, and individual medical requirements.

Category	Estimated Cost (INR)
IVF Procedure & Embryo Transfer	₹1,50,000 – ₹2,50,000
Surrogate Medical Screening	₹20,000 – ₹40,000
Legal Documentation & Contract Fees	₹30,000 – ₹50,000
Antenatal Care & Checkups	₹50,000 – ₹80,000
Delivery & Hospitalisation Charges	₹70,000 – ₹1,00,000
Surrogate Insurance Cover	₹50,000 – ₹75,000
Postnatal Care & Miscellaneous	₹30,000 – ₹50,000
Total Estimated Cost	₹4,00,000 – ₹7,50,000

Go IVF Surrogacy- Best Option for Altruistic Surrogacy in India

Go IVF Surrogacy is considered one of the most reliable and patient-focused surrogacy providers in India. What sets them apart is their transparent process, ethical approach, and a team of experienced doctors who follow all legal and medical guidelines laid down by the Surrogacy (Regulation) Act, 2021. They specialise in handling altruistic surrogacy cases with care and sensitivity, ensuring that both the intended parents and the surrogate mother are supported throughout the journey. Here are the best qualities of altruistic surrogacy:

Experienced Team of Experts: Highly skilled fertility specialists, legal advisors, and support staff ensure complete medical and legal guidance.
Legal Compliance: All procedures strictly follow the Surrogacy (Regulation) Act, 2021, ensuring full transparency and ethical practice.
Personalised Care Plans: Each case is treated individually with emotional, medical, and legal support tailored to the couple’s needs.
Affordable Package Options: Transparent and budget-friendly cost structures with no hidden charges—everything from IVF to delivery is included.
High IVF Success Rates: Strong track record of successful embryo transfers and healthy births through advanced fertility technology.
End-to-End Legal Assistance: Proper documentation, contracts, and birth registration handled smoothly under expert legal supervision.
Psychological Counselling Support: The Emotional well-being of both the intended parents and the surrogate is cared for through regular counselling.
Trusted by Many Indian Couples: Positive reviews, referrals, and successful cases have built strong trust among hopeful families.
Clean, Certified Facilities: Modern clinics with top-notch hygiene, lab facilities, and advanced reproductive technologies.
Free Initial Consultation: Couples can begin with expert advice and guidance without upfront commitment.

Best Hospital for Altruistic Surrogacy in India

Surrogacy is a grey area in many countries, including some European countries. In contrast, India provides proper informed consent and all information regarding surrogacy and ethical issues while practising it in the clinics. Indian clinics also suggest a surrogacy lawyer so that any foreigner can receive treatment easily. Every patient was also informed at the time of initial consultation about the emotional and clinical aspects of surrogacy.

They can give essential expenses, and the surrogate should be a relative of the intended parents. Your first choice could be Go IVF Surrogacy because of the proper alliance with the staff, gynaecologists, lawyer and various clinics. Other than this, here are the top choices for Altruistic surrogacy:

Hospital / Clinic Name	Location	Key Features
Go IVF Surrogacy	Delhi, Gurgaon	Specialising in altruistic surrogacy, legal support, and high success rates
Indira IVF	Multiple cities	Pan-India presence, ethical surrogacy, affordable packages
Nova IVF Fertility	Mumbai, Delhi, Bangalore	Advanced IVF technology, personalised care, and psychological counselling
Bloom IVF Fertility Centre	Hyderabad	Focus on ethical surrogacy, a transparent process
Jaslok Hospital & Research Centre	Mumbai	Renowned for fertility treatments and surrogacy programs
Oasis Centre for Reproductive Medicine	Mumbai, Delhi	Experienced fertility specialists, end-to-end surrogacy services
Medicover Fertility	Hyderabad, Bangalore	Comprehensive fertility care, strong legal guidance for altruistic cases
Cloudnine Fertility	Multiple cities	Dedicated IVF and surrogacy programs with high success rates
Milann Fertility Centre	Bangalore	Ethical surrogacy, advanced IVF treatments
Birla Fertility & IVF	Kolkata, Jaipur	Experienced team, transparent, altruistic surrogacy processes

Best Doctors for Surrogacy in India

Most of the time, fertility clinics in India are recognised by the experts working in. They are demand for patients, and the success rate of IVF has increased in India because of such gynaecologists. Coordinating medical science with technology is also possible because of such diamonds. Most of the mentioned gynaecologists are working in multiple hospitals and guiding patients for proper Assisted Reproductive Technologies (ART). Here are some names:

Doctor’s Name	Location	Speciality / Expertise
Dr. Manish Banker	Ahmedabad	IVF, Surrogacy, Fertility preservation
Dr. Firuza Parikh	Mumbai	Reproductive medicine, IVF, Surrogacy
Dr. Kamini A. Rao	Bangalore	IVF, Surrogacy, Infertility treatments
Dr. Aniruddha Malpani	Mumbai	IVF, Surrogacy, Fertility counselling
Dr. Alka Kriplani	Delhi	IVF, Gynaecology, Surrogacy
Dr. Nandita Palshetkar	Mumbai	IVF, Fertility preservation, Surrogacy
Dr. Gunjan Kacker	Delhi	IVF, Fertility treatments
Dr. Rahul Mehra	Delhi	IVF, Surrogacy, Endoscopic surgeries
Dr. Saubhagya Saxena	Noida	IVF, Surrogacy, Fertility treatments
Dr. Asha Gupta	Delhi	IVF, Surrogacy, Reproductive endocrinology

Frequently Asked Questions:

Is altruistic surrogacy legal in India?

Ans. Yes, altruistic surrogacy is legal in India under the Surrogacy (Regulation) Act, 2021. This law permits only altruistic surrogacy, where the surrogate mother is not paid any financial compensation except for medical expenses and insurance. It is allowed exclusively for Indian married couples who meet certain criteria, such as being legally married for at least five years and facing infertility. Commercial surrogacy, where the surrogate is paid beyond expenses, is banned to prevent exploitation and unethical practices.

What is Rule 7 of surrogacy in India?

Ans. Rule 7 of the Surrogacy (Regulation) Rules, 2022, in India outlines the eligibility criteria for intending couples to access surrogacy services. It states that only a legally married Indian couple, married for at least five years, can opt for altruistic surrogacy. The woman must be between 23 and 50 years old, and the man between 26 and 55 years old. The couple must provide proof of infertility and should not have any surviving biological or adopted children, except in certain medical conditions.

Is altruistic surrogacy good?

Ans. Yes, altruistic surrogacy is considered good because it focuses on helping couples have a child without the financial exploitation of the surrogate mother. It is based on compassion and ethical values, ensuring the surrogate is only compensated for medical expenses, not paid commercially. This reduces the risk of misuse and protects the rights of all parties involved. Altruistic surrogacy promotes responsible and transparent family-building.

Is surrogacy 100% successful in India?

Ans. No, surrogacy is not 100% successful in India or anywhere else. Success depends on various factors like the health of the intended parents, the surrogate, and the quality of medical procedures used, especially IVF. While many clinics have high success rates, failures can occur due to implantation issues, genetic factors, or health complications. Intended parents should be prepared for possible challenges and consult experienced fertility specialists to improve their chances.

Cost, Surgeon & Hospital Altruistic Surrogacy in India