Latest Surrogacy Law in India (2025)

There are different reasons to look at the Latest Surrogacy Law in India (2025), as the

Re are regulations for the couples and surrogates too. Indian laws permit only altruistic surrogacy to be performed under a legal procedure. A surrogate female should also be in good health and pass all the mentioned criteria.

So, fertility is also a dynamic topic. Meanwhile, surrogacy is considered part of artificial reproductive techniques (ART), but it’s a whole book. There are many questions about those people, and the answers are here in the guidebook of surrogacy procedure.

What is Surrogacy?

Surrogacy is a method of assisted reproduction where a woman (surrogate) agrees to carry a baby for nine months and give birth to a child for any couple. There is no link between the surrogate to the child. These couples are also referred to as the intended parents. It is often chosen by those couples or females who are unable to conceive or carry a pregnancy due to medical, genetic, or personal reasons.

Types of Surrogacy

Different types of surrogacy are mentioned, and one of them is not allowed in India. These are based on the genetic link of the mother or father to the child. We divide them into four two based on the cost of surrogacy and two based on procedure:

Gestational Surrogacy

It is a legally accepted form of surrogacy in India; it is common, and the surrogate has no direct link to the baby’s genes.

• The embryo is created via IVF using the egg and sperm of the intended parents or donors.
• The surrogate has no genetic link to the child.
• Most common and legally accepted form in many countries, including India.

Traditional Surrogacy

It was traditionally performed in all fertility clinics of India. With time, there are conflicts between parents and the surrogate, and then it was restricted. According to the Latest Surrogacy Law in India (2025), it is mentioned as a complicated procedure of surrogacy.

• The surrogate’s egg is used, making her the biological mother.
• Less common and more legally complex.
• Sometimes sperm from the male intended parents is directly administered near the egg site in the uterus of the surrogate.

Commercial Surrogacy 

According to the payment to the surrogate, there are two types of surrogacy: commercial and altruistic. In commercial surrogacy, a surrogate takes money and carries a baby for nine months.

• The surrogate is paid for her time, effort, and risk, along with medical and maternity care costs.
• Contracts define the legal rights, responsibilities, and compensation of all parties.
• It often involves in vitro fertilisation (IVF) and gestational surrogacy, where the surrogate has no genetic link to the child.

Altruistic Surrogacy 

Altruistic surrogacy is a type of surrogacy arrangement where the surrogate female does not receive any financial compensation.

• No commercial payment to the surrogate
• Only medical, legal, and insurance costs are covered
• Typically done by a close relative or a known person
• Legally permitted in countries that ban commercial surrogacy.

Surrogacy Cost in India

Surrogacy cost in India is affordable in comparison to other countries. There are many factors affecting the surrogacy cost, and this is also a reason that makes it more expensive. Expenses of the surrogate mother and basic needs are also covered by the intended parents at the time of surrogacy. Here you will find all essential details of the  surrogacy cost in India:

Expense Category	Estimated Cost (INR)
IVF Treatment & Embryo Transfer	₹3,50,000 – ₹5,00,000
Surrogate Medical Care & Insurance	₹2,50,000 – ₹4,00,000
Legal & Administrative Fees	₹4,00,000 – ₹6,00,000
Hospital Delivery & Newborn Charges	₹2,00,000 – ₹5,00,000
Agency/Clinic Coordination (optional)	₹1,00,000 – ₹2,50,000
Additional Costs (insurance, screening, etc.)	₹1,00,000 – ₹2,00,000
Total Estimated Cost Range	₹20,00,000 – ₹30,00,000

Is surrogacy legal in India for foreigners?

Under the Latest Surrogacy Law in India (2025), surrogacy is not legal for foreigners who are not of Indian origin. The Surrogacy (Regulation) Act, 2021, strictly prohibits foreign nationals from accessing surrogacy services in India, whether commercial or altruistic. This move was made to prevent the exploitation of Indian women and to regulate the process under ethical guidelines.

Only Indian citizens, NRIs (Non-Resident Indians), and OCI (Overseas Citizen of India) cardholders are eligible for altruistic surrogacy, provided they meet specific conditions like a minimum of five years of marriage, proven infertility, and age criteria. Additionally, the surrogate must be a close relative, married, and have a biological child of her own. She can act as a surrogate only once in her lifetime.

The Latest Surrogacy Law in India (2025) has made India’s surrogacy framework highly restrictive for international couples, shifting global surrogacy demand to countries with more inclusive legal systems.

Who Can Opt for Surrogacy in India?

Under the Latest Surrogacy Law in India (2025), only Indian heterosexual married couples, NRIs, and OCI cardholders can opt for altruistic surrogacy. The couple must be married for at least five years and medically proven to be infertile. The woman should be aged 23–50 and the man 26–55. Single individuals, live-in partners, and foreigners without Indian origin are not eligible. The surrogate must be a close relative, married, aged 25–35, and have at least one biological child.

• They are married heterosexual couples, married for at least five years;
• They have a medical certificate proving infertility;
• They satisfy the age criteria: women aged 23–50, men aged 26–55;
• They resided in India for at least 12 months before applying

What is the legal procedure for surrogacy in India?

The Latest Surrogacy Law in India (2025) outlines a clear legal process for intended parents to pursue altruistic surrogacy. This law prioritises ethical practices, medical necessity, and the protection of the surrogate. The procedure varies for Indian couples and foreign-origin couples (NRIs and OCI cardholders). Here’s a breakdown of the paperwork and approvals required, without getting into complex medical steps.

When we talk about the legal procedure, we are opening two discussions. One is the type of fertility treatments and how they are performed, and the second is paperwork. We will discuss technical aspects of the subject later. Here is the procedure for Foreign and Indian intended couples:

For Indian Couples

Indian couples considering surrogacy must meet specific legal conditions. They must be legally married for at least five years, with the woman aged between 23 and 50, and the man between 26 and 55. A medical certificate confirming infertility from a registered government clinic is required to begin the process.

In terms of documentation, both partners must submit identity proofs such as Aadhar and PAN cards, their marriage certificate, medical records, and passport-sized photographs. The surrogate, who must be a close relative, should be married, aged between 25 and 35, and must have at least one biological child. She can only act as a surrogate once in her lifetime.

Eligibility Proof

• Married for at least 5 years
• Woman aged 23–50, man aged 26–55
• Medical certificate of infertility from a government-authorised IVF specialist

Documents Required

• Aadhar cards and PAN cards
• Marriage certificate
• Age and identity proof
• Proof of residence
• Medical fitness certificates
• Photographs (passport size) of both partners

Surrogate’s Documentation

• Must be a close relative, aged 25–35, married with one biological child
• Aadhar card, marriage certificate, and proof of relation to the intended mother
• Written consent and a willingness affidavit
• Proof that she has not been a surrogate more than once

Approval from Authorities

• Apply to the State Surrogacy Board or the District Medical Board
• Apply with all documents and medical proof
• Obtain a Certificate of Essentiality (proving infertility) and a Certificate of Eligibility for both the couple and the surrogate

Once all criteria are met, the couple must apply to the District or State Surrogacy Board. If approved, they receive a Certificate of Essentiality and a Certificate of Eligibility. These must be accompanied by a legally drafted agreement stating the surrogate’s informed consent and relinquishment of any parental rights. This contract must be notarised and included in the legal record.

For NRI and OCI Couples

NRI and OCI cardholders are eligible under the Latest Surrogacy Law in India (2025), but only if they meet specific criteria. They must be a legally married couple, reside in India for at least 12 months before applying, and provide proof of infertility from a registered Indian clinic.

Eligibility Documents

• Valid OCI/NRI certificate
• Passport and visa copies
• Marriage certificate
• Proof of stay in India
• Medical infertility certificate from a registered IVF specialist in India

Clearances and Approvals

• Apply to the District Surrogacy Board with all necessary paperwork
• Obtain Essentiality and Eligibility Certificates
• A legal contract must be drawn and notarised in India

Along with the usual ID and marriage proofs, they must submit their passport, visa, and OCI/NRI certificate. The surrogate must meet the same conditions as in the Indian couple’s case. All documents are reviewed by the District Medical Board before approval.

Post-birth, NRIs and OCIs must apply for the child’s birth certificate, followed by an exit clearance from FRRO and passport processing for the newborn. Every step must be legally documented and fully transparent.

What is the procedure of surrogacy in India?

Surrogacy cases in India involve a two-party system and a legal agreement between them. These parties are one is intended parents and the other is surrogates. Altruistic surrogacy means no payment for the commercialisation of reproductive ability. There is no any kind of legal right for the surrogate over a baby. Here is the whole procedure of surrogacy:

Basic Consultation-  When a couple reaches out to a doctor and discusses fertility issues then they start with a diagnosis. Many tests are written by a doctor, and after their completion, the initial medication is started.

Hormonal Medications- After the successful completion of the first step, the bodies of male and female patients are prepared for proper and healthy gamate formation. Depending on their health condition, this procedure may take weeks to months.

Gamete Collection- Gamete collection is a cumbersome procedure, and it takes simultaneous freezing of gametes at the freezing point. Gametes are collected through non-surgical procedures. The male and female donor is required in this step if the intended parents have no healthy gametes.

Fertilisation- Mixing of both gametes in a test tube under a special environment is done. After successful fertilisation, a healthy zygote is collected for freezing and implantation in a 6-celled stage.

Implantation- After fertilisation zygote in the blastocyst or 6-celled stage is implanted into the uterus of the female.

Gestation Period- Quick after the implantation, continuous screening of the embryo is done to see the growth of the fetus. This period is also supported with progesterone injections and nutritional supplements.

Post-natal Support- It is the care of a mother and her baby, it starts at the time of delivery and continuous care is given to both for some time. Intended parents are also guides for postnatal care.

Choosing to Go for IVF Surrogacy for Infertility Treatments

As a legal practitioner of IVF and surrogacy, there are not many options in front of the intended parents. You have to choose a safe and legal practitioner if you are travelling to a different country. There are many clinics which are not work in a single queue due to the laws of the country. Other than this, reasonable prices, success rate, and experience of doctors are some other legal considerations. You can choose to Go IVF surrogacy, and it will be proven as the best surrogacy clinic in India :

• Surrogacy is assisted with counselling and a safe team for delivery in the clinic.
• The success rate of the clinic is above 70% for IVF and the same for surrogacy.
• Many couples have long-standing infertility issues, and they don’t even know about the principal diseases. Doctors in the clinic discuss everything with the intended couples.
• Experienced doctors and the best team for assistance are provided by the clinic.
• Lab facilities for modern techniques and gamete storage are provided by the clinic.
• Technical equipment and safety during the treatment are also managed by the staff of the clinic.
• The clinical infrastructure of the clinic is the best in comparison to other options.
• You can have a free chat for an initial consultation. Reasonable prices are provided by the clinic.

 Why is commercial surrogacy illegal?

Commercial surrogacy is illegal in India under the Latest Surrogacy Law in India (2025) to prevent the exploitation of poor and vulnerable women. The law was introduced to stop the practice of turning surrogacy into a profit-making industry, where women—often from underprivileged backgrounds—were being paid to carry babies for wealthier couples, including foreigners. These arrangements raised serious ethical concerns, such as lack of informed consent, inadequate postnatal care, and the commodification of motherhood.

The Latest Surrogacy Law in India (2025) only permits altruistic surrogacy, where no monetary compensation is involved apart from medical and insurance coverage. It ensures that surrogacy is done out of compassion and within the family structure, not for financial gain. By banning commercial surrogacy, India aims to uphold dignity, safeguard women’s rights, and protect the interests of the child, while still offering a legal and ethical route to parenthood.

What is the new law of surrogacy?

The Latest Surrogacy Law in India (2025) allows only altruistic surrogacy, meaning the surrogate mother cannot receive any financial compensation other than medical expenses and insurance. The law applies only to Indian married couples, NRIs, and OCI cardholders. To be eligible, couples must be married for at least five years, with the woman aged 23–50 and the man 26–55. They must also provide medical proof of infertility.

Under this law, the surrogate must be a close relative, married, aged 25–35, and must have at least one biological child of her own. The law also bans commercial surrogacy, surrogacy for foreign nationals (without Indian origin), same-sex couples, and single individuals.

The new law aims to protect women from exploitation, regulate ethical practices, and ensure transparency. All surrogacy procedures must be approved by a District Medical Board and follow strict legal documentation, including notarised agreements and medical certificates.

What are rights of surrogate mother in India?

Under the Latest Surrogacy Law in India (2025), the surrogate mother is granted specific rights to ensure her safety, dignity, and informed participation. She must provide written consent and cannot be forced into the process. The law allows her to receive full medical care and health insurance during pregnancy and for 36 months after delivery. While no commercial payment is allowed, her rights are protected legally, ensuring ethical treatment and emotional well-being throughout the surrogacy journey.

Key Rights of the Surrogate Mother

• The surrogate must provide informed written consent before starting the procedure.
• She has the right to withdraw from surrogacy before embryo implantation.
• Entitled to free and quality medical care throughout the pregnancy.
• Must receive health insurance for at least 36 months post-delivery.
• Cannot be forced, coerced, or misled into surrogacy under any condition.
• She retains the right to dignity and privacy throughout the process.
• All legal agreements must clearly state her rights, responsibilities, and protections.
• She is eligible for psychological counselling and postnatal care.
• The surrogacy board reviews and approves the process for transparency.
• Her identity remains confidential and protected by law.

What is the current status of surrogacy in India?

The current surrogacy landscape in India is strictly regulated under the Latest Surrogacy Law in India (2025). Only altruistic surrogacy is permitted for Indian citizens, NRIs, and OCI cardholders. Foreign nationals, same-sex couples, and single individuals are not allowed to opt for surrogacy. The law mandates that the surrogate must be a close relative, married, and have a biological child. This legal framework aims to ensure ethical practices, safeguard women’s rights, and eliminate commercial exploitation in surrogacy arrangements.

Key Points 

• Only altruistic surrogacy is legal.
• Commercial surrogacy is banned nationwide.
• Allowed for Indian, NRI, and OCI married couples.
• Couples must be married for at least 5 years.
• Surrogate must be a close relative, married, and aged 25–35.
• Foreigners, single parents, and same-sex couples are not eligible.
• Requires approval from the District Medical Board.
• All procedures must follow legal documentation and ethical guidelines under the Latest Surrogacy Law in India (2025).

What is the difference between commercial and altruistic surrogacy?

The main difference between commercial and altruistic surrogacy lies in compensation and intent. In commercial surrogacy, the surrogate mother is paid for her services beyond medical and pregnancy-related expenses. This model often led to exploitation, especially in low-income communities, and is now banned under the Latest Surrogacy Law in India (2025).

In contrast, altruistic surrogacy allows only close relatives to act as surrogates without monetary compensation, ensuring that the process is based on compassion rather than financial gain. This legal shift prioritises ethical boundaries and protects women from being treated as reproductive tools.

Feature	Commercial Surrogacy	Altruistic Surrogacy
Legality in India	Banned under 2025 law	Permitted under strict regulation
Compensation	Paid beyond medical expenses	No payment except medical & insurance coverage
Surrogate Requirement	Can be anyone	Must be a close relative
Risk of Exploitation	High	Low
Ethical Concerns	Significant	Minimal
Intent	Financial gain	Compassionate support

What is the Age limit for surrogacy in India?

According to the Latest Surrogacy Law in India (2025), there are specific age limits for both the intending parents and the surrogate mother. The intended mother must be between 23 to 50 years, and the intended father must be between 26 to 55 years. For the surrogate mother, the permitted age range is 25 to 35 years.

These limits are designed to ensure medical safety and emotional maturity. The surrogate must also be a married woman with at least one biological child. These guidelines help maintain ethical and health standards in all surrogacy arrangements.

What is surrogacy law in India?

The Latest Surrogacy Law in India (2025) permits only altruistic surrogacy, banning all forms of commercial surrogacy. It allows Indian married couples, NRIs, and OCI cardholders to opt for surrogacy if they are medically infertile and meet age and marriage criteria.

The surrogate must be a close relative, aged 25–35, married, and have at least one child. The law ensures informed consent, mandatory health insurance, and legal oversight to prevent exploitation and maintain ethical, safe, and transparent surrogacy practices in India.

• Only altruistic surrogacy is legal.
• Commercial surrogacy is completely banned.
• Allowed for Indian, NRI, and OCI married couples.
• Couple must be infertile and married for 5+ years.
• Single parents, foreigners, and LGBTQ+ couples are not eligible.
• Surrogate must be a close relative, aged 25–35, and married.
• Surrogate must have at least one biological child.
• Mandatory medical and psychological screening.
• Insurance coverage is required for 36 months post-delivery.
• All procedures are regulated by a District Medical Board.

Final Words

The latest Surrogacy Law in India (2025) is giving protection of rights to intended parents and surogate mother. Government is intended for couples, but it is recommended to be involved in reproductive procedures at a trusted place. The procedure also includes paperwork and counselling of the surrogate and intended parents. Commercialisation of the reproductive abilities is strictly banned.