Surrogacy in India: 10 Things You Need to Know

Nov 11, 2021


Surrogacy in India: 10 Things You Need to Know Surrogacy in India: 10 Things You Need to Know

Surrogacy in India: 10 Things You Need to Know

Surrogacy in India: India is one of the few countries in the world that still allows commercial surrogacy. Bureaucratic hassles, strict laws and the high expenses involved in surrogacy in western countries are driving couples across the world to India. 

However, a new proposed law is set to change the contours of the surrogacy industry and streamline the process. If you are an infertile couple planning for surrogacy, you should know a few important things about surrogacy laws and procedures in India.

10 Things You Need to Know About Surrogacy Treatment

  1. Of the two kinds of surrogacy treatments - traditional and gestational surrogacy - only gestational surrogacy is allowed. Traditional surrogacy involves using the surrogate's eggs, making her the biological mother, while gestational surrogacy only utilizes her womb.. As a result, there's no genetic connection between the mother and the baby.
  2. Commercial surrogacy was allowed in India in 2002. For a long time, surrogacy was mainly guided by ICMR's recommendations and Supreme Court and High Court's guidelines. Recently, however, the Union Cabinet on February 26, 2020, approved a Surrogacy (Regulation) Bill, allowing a willing woman to be a surrogate, but only for altruistic purposes. The bill is taken a backseat because of the Covid-19 restrictions but is expected to be presented as a 2021 bill. 
  3. As per the new bill, surrogacy treatment would only be provided to infertile Indian couples between the ages of 23-50 for women and 26-55 for men. Persons who are the intended parents should either be citizens of India, non-resident Indians, persons of Indian origin or overseas citizens of India. 
  4. The intended parents should have a certificate of essentiality and a certificate of eligibility issued by an appropriate authority. The certificate would only be issued after the following eligibility conditions have been fulfilled: a certificate of proven infertility, an order of parentage and custody of the surrogate child, and insurance cover of 16 months for possible post-partum complications. 
  5. One should always get surrogacy services from a registered clinic. Clinics cannot provide surrogacy treatment unless they are registered by the appropriate authority.
  6. A child born out of surrogacy will be deemed the biological child of the intending parent. An abortion of the surrogate child will require the written consent of the surrogate mother and the biological parents.
  7. The biological parent must not disown or abandon the surrogate child. It is deemed as a punishable offence. The penalty for such an offence is imprisonment up to 10 years and a fine of up to 10 lakhs. The new bill also specifies a range of other offences and penalties for various contraventions.
  8. The bill also recommends the formation of a National Surrogacy Board and state surrogacy boards that will lay down the conduct of surrogacy clinics.
  9. The surrogate mother needs to fulfil certain conditions to be eligible. She needs to be a close relative of the intending couple. She needs to be a married woman with a child of her own. She needs to be between 25 and 35 years of age. She can be a surrogate only once in a lifetime. She must possess a certificate of medical and psychological fitness.
  10. Finally, the surrogate mother should not provide her own gametes for surrogacy.


Parency IVF Hospital is a leading surrogacy centre in Bangalore that provides a range of essential surrogacy-related services, including in-vitro fertilization, Spindle ICSI and gestational surrogacy. We have a 90% success rate and have provided hundreds of parents with affordable prices and world-class treatment. Find us more about us here