Who Can Opt for Surrogacy in India?

Surrogacy in India has undergone a significant transformation with the enactment of the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy and bans commercial surrogacy. If you're considering surrogacy as a path to parenthood, it's crucial to understand who is eligible to opt for surrogacy under the new law.

At Surrogacy Centre India, we guide intended parents through every step of the process, ensuring legal, ethical, and compassionate care.

What Is Altruistic Surrogacy?

Altruistic surrogacy involves a woman volunteering to carry a child for the intending couple without receiving any monetary compensation, except for medical expenses and insurance. The focus is on ethical family-building, eliminating commercial incentives and protecting the rights of all parties involved.

Who Is Eligible to Opt for Surrogacy in India?

According to the Surrogacy (Regulation) Act, only specific categories of people can opt for surrogacy:

1. Married Indian Couples (Infertile)

• Must be legally married for at least 5 years.

• The female partner should be between 23–50 years, and the male partner between 26–55 years.

• The couple must be medically proven infertile or unable to conceive after medical attempts.

• They must not have any biological, adopted, or surrogate child (unless the child has a life-threatening disorder or is physically/mentally challenged).

2. Intending Woman (Single, Widow, or Divorcee)

• Must be an Indian citizen, aged between 35–45 years.

• Must not have any surviving biological, adopted, or surrogate child.

• Must provide a medical certificate of infertility or health condition justifying surrogacy as a necessity.

Who Cannot Opt for Surrogacy in India?

Under the current law, the following are not allowed to pursue surrogacy:

• Foreign nationals or NRIs.

• Live-in partners.

• Same-sex couples.

• Married couples with existing children (unless medically justified).

• Couples seeking commercial surrogacy.

Who Can Be a Surrogate Mother?

A surrogate must:

• Be a married Indian woman aged 25–35 years.

• Have at least one biological child of her own.

• Be medically and psychologically fit.

• Have no more than one surrogacy in her lifetime.

• Be a close relative (as per law) of the intending couple or woman.

Conclusion

India’s new altruistic surrogacy framework focuses on ethical, need-based surrogacy, prioritizing the well-being of surrogate mothers and intended parents. At Surrogacy Centre India, we help you navigate these guidelines with legal clarity and compassionate care, ensuring a safe and lawful journey to parenthood.