What is Altruistic Surrogacy? Eligibility and Legal Guidelines

Bringing a child into the world is a dream for many couples. However, for those who face infertility or medical challenges, surrogacy offers a ray of hope. Among the two main types of surrogacies — altruistic and commercial — altruistic surrogacy is the only form legally permitted in India under the Surrogacy (Regulation) Act, 2021.

What is Altruistic Surrogacy?

Altruistic surrogacy refers to a process where a woman (the surrogate mother) agrees to carry and give birth to a child for another couple without receiving any monetary compensation. Only the surrogate’s medical expenses, insurance, and necessary costs during pregnancy can be covered by the intended parents.

This form of surrogacy promotes compassion and prevents the commercialization or exploitation of women.

Why Altruistic Surrogacy is Legal in India

The Indian government banned commercial surrogacy in 2015 and later legalized only altruistic surrogacy through the 2021 Act. The aim was to:

• Protect surrogate mothers from exploitation

• Ensure emotional and ethical practices in surrogacy

• Regulate surrogacy clinics and medical procedures

Eligibility Criteria for Altruistic Surrogacy

According to the Surrogacy (Regulation) Act, 2021, both the intending couple and the surrogate mother must fulfill certain conditions:

For Intended Couples:

• Must be Indian citizens.

• The couple should be legally married.

• The wife’s age should be 23–50 years, and the husband’s 26–55 years.

• They must be medically proven infertile and unable to conceive naturally.

• They should not have a surviving biological, adopted, or surrogate child (with some exceptions).

For Surrogate Mothers:

• Must be a married woman aged 25–35 years.

• Should have at least one biological child of her own.

• Can act as a surrogate only once in her lifetime.

• Must be a close relative of the intending couple.

• Requires a medical fitness certificate and mental health clearance.

Legal Guidelines and Documentation

Under the law, surrogacy must be performed only at a registered surrogacy clinic. Both parties must sign legal agreements outlining responsibilities, consent, and post-birth rights. Surrogacy Centre India, known for their ethical and transparent approach, provide complete guidance through the legal and medical steps.

Conclusion

Altruistic surrogacy is a noble and ethical solution for couples who cannot conceive naturally. It ensures that both the surrogate and intended parents are protected under the law while promoting compassion and care. If you are considering surrogacy, consult with Dr. Shivani Sachdev Gour to understand the process, eligibility, and legal guidelines before starting your journey toward parenthood. Read in Hindi