For Intended Parents in Chennai, Tamil Nadu & Andhra Pradesh
Introduction
Surrogacy has become an important reproductive option for couples who cannot conceive naturally due to medical conditions. Surrogacy in India is now strictly regulated through the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (ART) Act, 2021.
These laws aim to prevent exploitation, regulate fertility clinics, and protect the rights of surrogate mothers and children. Understanding the legal requirements for surrogacy in India is essential before starting the surrogacy process.
Why Understanding Legal Requirements Is Important
Surrogacy involves strict legal procedures. These procedures exist to ensure ethical practices and to protect the rights of everyone involved — the intended parents, the surrogate mother, and the child.
Couples considering surrogacy should carefully understand these legal requirements and seek professional guidance to ensure compliance with the law.
Who Can Apply for Surrogacy
Under the Surrogacy (Regulation) Act, only certain individuals can opt for surrogacy in India.
Married Couples
A legally married couple may opt for surrogacy if they meet the eligibility conditions and suffer from proven infertility.
Single Women
Single women who are widowed or divorced may also opt for surrogacy if they meet the legal criteria.
However, single men and same-sex couples are currently not permitted under the law.
Medical Eligibility
Surrogacy is permitted only when there is a medical necessity. Doctors must certify that the intended mother cannot carry a pregnancy due to conditions such as:
- Absence of uterus
- Repeated IVF failure
- Serious health risks in pregnancy
- Multiple miscarriages
Medical certification must be issued by a recognized medical board.
Eligibility of Intended Parents
A legally married couple may opt for surrogacy if:
- The woman is between 23–50 years
- The man is between 26–55 years
- They suffer from proven infertility
In addition, the couple usually must not already have a biological or adopted child, except in specific circumstances such as disability of the existing child.
Single women who are widowed or divorced may also opt for surrogacy if they meet the legal criteria. Single men and same-sex couples are currently not permitted under the law.
Only Altruistic Surrogacy Is Allowed
India prohibits commercial surrogacy. Only altruistic surrogacy is allowed, meaning the surrogate mother cannot be paid for carrying the child except for medical expenses and insurance coverage.
The purpose of this rule is to prevent the exploitation of economically vulnerable women.
Eligibility of Surrogate Mother
A surrogate mother must satisfy strict requirements. She must:
- Be married
- Have at least one biological child
- Be between 25 and 35 years old
- Act as a surrogate only once in her lifetime
Medical and psychological screening is mandatory.
Eligibility At a Glance
Criteria | Intended Parents | Surrogate Mother |
Age range | Woman: 23–50 yrs / Man: 26–55 yrs | 25–35 years |
Marital status | Legally married (or widowed/divorced single woman) | Married, with at least one biological child |
Medical requirement | Proven infertility, certified by medical board | Medical and psychological screening required |
Repeat limit | Not applicable | May act as surrogate only once in her lifetime |
Legal Documents Required
Clinics must maintain detailed records of:
- Patients undergoing treatment
- Gamete donors
- Embryo transfers
- Surrogacy procedures
These records help maintain transparency and accountability.
Legal Certificates Required
Before starting the medical procedure, several legal approvals are required. These include:
- Certificate of medical necessity
- Certificate of eligibility
- Approval from the appropriate authority
- Court order confirming parentage
Without these approvals, fertility clinics cannot legally begin the procedure.
Step-by-Step Legal Process
The legal process for surrogacy in India follows a defined sequence of steps:
Step | What Happens |
01 | Confirm Medical Necessity Doctors certify that the intended mother cannot carry a pregnancy, based on a recognized medical board’s assessment. |
02 | Confirm Eligibility The intended parents and the surrogate mother are checked against the legal eligibility criteria. |
03 | Obtain Legal Certificates Certificate of medical necessity, certificate of eligibility, authority approval, and a court order confirming parentage are obtained. |
04 | Draft the Surrogacy Agreement A legally drafted agreement covering medical responsibilities, insurance, consent, and parentage is prepared and signed. |
05 | IVF Procedure Doctors perform egg retrieval, fertilization in the laboratory, and embryo transfer to the surrogate mother. |
06 | Birth and Legal Parentage After birth, the intended parents are recognized as the legal parents, and the birth certificate is issued in their names. |
IVF Process Overview
Once legal approvals are completed, doctors perform IVF. The process includes:
- Egg retrieval
- Fertilization in the laboratory
- Embryo transfer to the surrogate mother
The surrogate mother then carries the pregnancy under medical supervision.
Legal Rights of Intended Parents
After birth, the intended parents are recognized as the legal parents. The surrogate mother has no parental rights over the child.
Birth certificates are issued listing the intended parents as the legal parents.
Legal Rights of Surrogate Mother
The surrogate mother’s consent is a required part of the surrogacy agreement. Her medical responsibilities, insurance coverage, and consent must be clearly documented in the agreement.
Medical and psychological screening is mandatory for the surrogate mother before the procedure begins.
Only altruistic surrogacy is allowed, meaning the surrogate mother cannot be paid for carrying the child except for medical expenses and insurance coverage. This rule exists to prevent the exploitation of economically vulnerable women.
Common Legal Mistakes to Avoid
Overlooking the legal requirements for surrogacy in India can lead to delays or disputes. Based on the requirements described above, intended parents should be careful to avoid the following:
- Starting the medical procedure before certificates are obtained: Fertility clinics cannot legally begin the procedure without the certificate of medical necessity, certificate of eligibility, authority approval, and the court order confirming parentage.
- Not having a properly drafted surrogacy agreement: A well-drafted agreement covering medical responsibilities, insurance, consent, and legal parentage prevents disputes during pregnancy or after the birth of the child.
- Assuming eligibility without medical certification: Surrogacy is permitted only when a recognized medical board has certified medical necessity.
- Overlooking the surrogate mother’s eligibility criteria: The surrogate mother must be married, have at least one biological child, be between 25 and 35 years old, and must not have acted as a surrogate before.
Frequently Asked Questions (FAQs)
Who is eligible for surrogacy in India?
A legally married couple may opt for surrogacy if the woman is between 23–50 years, the man is between 26–55 years, and they suffer from proven infertility. Single women who are widowed or divorced may also opt for surrogacy if they meet the legal criteria.
What documents are required?
Required legal documents include a surrogacy agreement covering medical responsibilities, insurance coverage, rights of the intended parents, consent of the surrogate mother, and legal parentage of the child.
What certificates are required?
A certificate of medical necessity, a certificate of eligibility, approval from the appropriate authority, and a court order confirming parentage are all required before the procedure can legally begin.
Can a single woman opt for surrogacy?
Yes. Single women who are widowed or divorced may opt for surrogacy if they meet the legal criteria. Single men and same-sex couples are currently not permitted under the law.
Is commercial surrogacy legal in India?
Yes. The ART Act regulates egg donation through donor screening, age restrictions, limits on the number of donations, and prevention of commercial trade in gametes.
Is commercial surrogacy legal in India?
No. India prohibits commercial surrogacy. Only altruistic surrogacy is allowed, meaning the surrogate mother cannot be paid for carrying the child except for medical expenses and insurance coverage.
Who can become a surrogate mother?
A surrogate mother must be married, have at least one biological child, be between 25 and 35 years old, and may act as a surrogate only once in her lifetime. Medical and psychological screening is mandatory.
Conclusion
Surrogacy in India involves strict legal procedures to ensure ethical practices and protect the rights of all parties involved. Couples considering surrogacy should carefully understand the legal requirements for surrogacy in India and seek professional guidance to ensure compliance with the law.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Readers should seek independent legal advice specific to their circumstances from a qualified surrogacy lawyer.
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