Infographic
Foreign nationals can have IVF in India at clinics registered under the Assisted Reproductive Technology (Regulation) Act 2021. Surrogacy is different. The Surrogacy (Regulation) Act 2021 bans commercial surrogacy and limits altruistic surrogacy to eligible Indian married couples and certain Indian women. Surrogacy is therefore not available to foreign nationals, and IndiaMedica does not provide or refer for it.
IndiaMedicaIVF and surrogacy law in India at a glance| Aspect | IVF and other ART | Surrogacy |
|---|---|---|
| Main law | Assisted Reproductive Technology (Regulation) Act 2021 | Surrogacy (Regulation) Act 2021 |
| Open to foreign nationals | Yes, at clinics registered under the ART Act | No |
| Who may use it | Eligibility is checked by the registered clinic under the Act | Married Indian couples with a medical need; Indian widows or divorcees aged 35 to 45 |
| Payment to others | Regulated under the ART Act | Commercial surrogacy banned; only medical costs and insurance for the surrogate |
| Clinic registration | ART clinics and banks recorded on the National ART & Surrogacy Registry | Surrogacy clinics must be registered under the Act |
| Certificates needed | Ask the clinic for its registration details | Eligibility certificates for the couple and the surrogate |
| IndiaMedica’s role | Helps you check a clinic’s registration | Does not provide or refer for surrogacy |
Can foreign couples have IVF in India?
Yes, at a clinic registered under the ART Act 2021. The National ART & Surrogacy Registry is a government database of ART clinics, ART banks and surrogacy clinics. It is run by the Department of Health Research. Ask any clinic for its registration details and check them before you travel.
Why is surrogacy closed to foreign nationals?
The Surrogacy Act defines who may commission surrogacy. An intending couple must be a legally married Indian man and woman with a medical need for gestational surrogacy. An intending woman must be an Indian widow or divorcee aged 35 to 45. Foreign nationals fall outside both definitions.
What does altruistic surrogacy mean?
The Act allows surrogacy only where the surrogate receives no fee or reward. Medical expenses and insurance for her are the only permitted payments. Commercial surrogacy is an offence punishable with imprisonment of up to ten years.
Be wary of offers that sound otherwise
Any agency offering surrogacy in India to a foreign couple is offering something the law does not allow. IndiaMedica will not take part in such arrangements.
Who decides whether IVF is suitable?
The fertility specialist at the registered clinic assesses each couple. They decide on tests, the treatment plan and whether to proceed.
Questions people ask
Can a foreign woman of Indian origin use surrogacy in India?
The Act refers to an Indian woman and to a married Indian man and woman. If your citizenship status is unclear, take advice from a lawyer in India or the relevant authority before making any plans. IndiaMedica does not provide or refer for surrogacy in any case.
How do I check an IVF clinic’s registration?
Ask the clinic for its registration certificate under the ART Act and compare the details with the National ART & Surrogacy Registry. IndiaMedica can help you check a clinic’s registration before you share reports or travel.
Sources
- India Code — Surrogacy (Regulation) Act 2021
- National ART & Surrogacy Registry, Government of India
- IndiaMedica — Fertility and IVF
- IndiaMedica — How we work
General information, not medical or legal advice. Rules change: confirm with the official source. How we write and check.