Glossary term · Law & regulation
Surrogacy (Regulation) Act 2021 (also: Surrogacy Act): The Surrogacy (Regulation) Act 2021 is India’s law banning commercial surrogacy and limiting altruistic gestational surrogacy to eligible Indian couples and Indian women under strict conditions.
The Surrogacy (Regulation) Act 2021 is the Indian law that bans commercial surrogacy and permits only altruistic surrogacy for eligible Indian couples and Indian women. It came into force on 25 January 2022. Foreign nationals cannot commission surrogacy in India. Any offer to arrange it for a foreigner should be treated as a serious warning sign.
What does the Act allow?
The Act permits only altruistic gestational surrogacy for a medical reason. Altruistic means the surrogate receives no payment beyond medical expenses, prescribed expenses and insurance cover. Commercial surrogacy is prohibited. That includes buying or selling embryos or gametes and paying a surrogate beyond permitted expenses.
Who is eligible?
The Act defines a couple as a legally married Indian man and woman. An intending woman is an Indian woman who is a widow or divorcee aged 35 to 45. An intending couple needs an essentiality certificate and an eligibility certificate. The woman must be aged 23 to 50 and the man 26 to 55 on the date of certification. The surrogate must be an ever-married woman with her own child, aged 25 to 35, and may act as a surrogate only once.
Why does this matter for international patients?
Because eligibility is tied to Indian couples and Indian women, foreign nationals cannot use surrogacy in India. Every surrogacy clinic must be registered. Commercial surrogacy and brokering carry imprisonment of up to ten years under section 38. Offences under the Act are cognisable, non-bailable and non-compoundable.
What IndiaMedica does
IndiaMedica does not arrange surrogacy for anyone. We can help eligible patients explore IVF or ICSI at registered clinics under the ART (Regulation) Act 2021.
Questions people ask
Can a foreign couple use an Indian surrogate if they pay only expenses?
No. The Act limits altruistic surrogacy to eligible Indian couples and Indian women. Being willing to pay only expenses does not change your nationality-based eligibility. Do not engage anyone who offers to arrange this, as commercial surrogacy and brokering are criminal offences.
Where are surrogacy clinics registered?
Surrogacy clinics must register under the Act. Registered ART clinics, banks and surrogacy clinics are recorded on the National ART and Surrogacy Registry run under the Ministry of Health and Family Welfare. Registration is valid for three years.
Sources
General information, not medical or legal advice. Rules change: confirm with the official source. How we write and check.