In particular, the industrialized nations’ laws governing surrogacy saw major changes with the passage of India’s Surrogacy Regulation Act 2021. The age restriction for intended parents, particularly for a woman to increase her chances of becoming pregnant through a surrogate mother, is one of the more wildly inaccurate predictions.

According to Indian government laws and regulations, a woman must be between the ages of 23 and 45, and a man must be between the ages of 26 and 55 to be eligible for surrogacy treatment in India.

While this rule seeks to regulate and streamline ethical surrogacy methods or ethics, it also strives to maintain the risk ratio.

Surrogacy Legislation for Infertile Couples 

While this rule seeks to regulate and streamline ethical surrogacy methods or ethics, it also strives to maintain the risk ratio. Concerns are raised by all significant surrogacy legislation for infertile couples who had already started the procedure before the act’s implementation in India.

Infertile couples who started their surrogacy adventure before the Surrogacy Act 2021 are exempt from the specific age requirements under surrogacy regulations, which is a relief in comparison to the current legal clarifications. The surrogacy exception in this way guarantees that cases that are pending or that have already been approved won’t encounter retroactive legal obstacles while surrogacy treatment is being provided. 

What Does the Surrogacy Regulation Act Say? 

Surrogacy Regulation Act, 2021 covers the whole scenario of Assisted Reproductive Technologies. 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.

• 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).

Surrogacy for Intended Parents in the Coming Years

In the bunch of legal terms, this exemption functions as a form of grandfathering a clause that protects individuals or entities from new laws or regulations if an infertile couple were already operating under the old law in India. Examined with a simple path, any infertile intended parents who started their surrogacy journey before the new laws in India’s enforcement is not disqualified based on the patient’s age, even if they now fall outside the new age law in India.

In the whole discussion, the clarification is significant for several infertile couples investing months or even years into the surrogacy procedures, undergoing numerous aspects, for instance, medical evaluations, fertility treatments in India, legal documentations, and emotional preparation for surrogacy, especially in India. Nullifying the treatment or their journey midway due to age-factor clauses would have been unjust and emotionally distressing.

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.

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.

• 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

• 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.