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Introduction
If you are considering surrogacy, understanding surrogacy law in India is the most important first step. The legal framework has changed significantly after the Surrogacy (Regulation) Act, 2021, which now governs eligibility, agreements, documentation, and parental rights. Whether you are an intended parent, fertility clinic, or IVF patient, following the correct legal process ensures clarity, compliance, and protection.
This guide explains surrogacy rules in India, eligibility, agreements, and legal requirements in simple terms.
What is Surrogacy Law in India?
Surrogacy in India is regulated under:
- Surrogacy (Regulation) Act, 2021
- Assisted Reproductive Technology (ART) Act, 2021
Only altruistic surrogacy is permitted. Commercial surrogacy is prohibited. The surrogate mother can receive only medical expenses and insurance coverage.
To understand the legal structure, you can explore our surrogacy legal services
Who is Eligible for Surrogacy in India?
Under surrogacy rules in India, eligibility includes:
- Married Indian couple
- Medical infertility proof
- No surviving biological child
- Widow or divorcee (conditions apply)
Not eligible:
- Single men
- Live-in couples
- Foreign nationals (restricted)
For eligibility guidance, read more
Surrogacy Agreement in India
A surrogacy agreement is a legal contract between intended parents and surrogate mother. It includes:
- Parent rights
- Surrogate responsibilities
- Medical coverage
- Legal custody
- Insurance protection
A properly drafted agreement protects all parties involved.
Legal Process for Surrogacy in India
The legal process typically includes:
Step 1 – Medical Eligibility
Fertility clinic issues certificate
Step 2 – Legal Documentation
Agreement drafting and consent
Step 3 – Surrogate Screening
Medical and legal verification
Step 4 – Approval Certificates
Authority approval required
Step 5 – IVF Procedure
Embryo transfer and pregnancy
Step 6 – Birth Documentation
Legal parentage established Parentage Rights
Under Indian surrogacy law:
- Child legally belongs to intended parents
- Surrogate has no parental rights
- Birth certificate issued in parents name
- Court documentation required
Surrogacy Boards in India
The Act created:
- National Surrogacy Board
- State Surrogacy Board
These authorities regulate:
- Clinics
- Agreements
- ART banks
- Surrogacy registration
Penalties Under Surrogacy Law
Violations include:
- Commercial surrogacy
- Illegal agreements
- Exploitation of surrogate
- Unregistered clinics
Penalties include fines and imprisonment. Why Legal Support is Important
Surrogacy law in India involves complex legal documentation and compliance. Professional legal support ensures:
- Legal protection
- Proper agreements
- Parentage clarity
- Smooth process
Book consultation here: Click Here
External References
Surrogacy Act India
https://main.mohfw.gov.in/
ART Act India
https://main.mohfw.gov.in/
ICMR Guidelines
https://www.icmr.gov.in/
National Health Portal
https://www.nhp.gov.in/
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