Why certificates are needed
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021. Only altruistic surrogacy is allowed. Commercial surrogacy is a criminal offence.
Because the law limits who can use surrogacy, intending parents must show they qualify. This is done through certificates from government bodies, before treatment with a surrogate begins.
This article explains the certificate steps in order. It is general information, not legal advice. For your own paperwork, consult your doctor and a lawyer.
Step 0: check basic eligibility
Before applying, make sure you fall within the groups the law allows.
| Who | Main conditions |
|---|---|
| Intending couple | Legally married Indian couple; wife aged 23–50, husband aged 26–55; medical indication certified by a District Medical Board |
| Intending woman | Indian widow or divorcee aged 35–45; must use her own eggs with donor sperm |
| Not eligible | Unmarried single women, single men, foreigners |
A couple must have no surviving child, whether biological, adopted or through surrogacy. The exception is a child who is mentally or physically challenged or has a life-threatening or incurable illness. In that case, a board certificate and approval from the appropriate authority are needed.
Couples of Indian origin need a certificate of recommendation from the National Board. Our surrogacy eligibility guide covers these rules in detail.
If you are unsure whether you fit these groups, settle that question first. It saves effort on applications that cannot succeed.
The certificate steps
- Medical assessment by your doctorYour fertility doctor reviews your history and reports. This shows whether you have a medical condition that may need surrogacy.
- Apply to the District Medical BoardApply for the medical indication certificate to the District Medical Board of the state where you live or work. The conditions that qualify are listed under Rule 14 of the Surrogacy Rules, 2022.
- Receive the medical indication certificateThe board certifies the medical indication if your condition qualifies under the rules.
- Obtain the essentiality certificateThe essentiality certificate comes from the appropriate authority over that District Medical Board.
- Parentage and custody orderA Magistrate's court passes the order on parentage and custody of the child to be born through surrogacy.
- Insurance for the surrogateIntending parents buy insurance cover for the surrogate for 36 months.
Keep in mind that certificates are valid for one year. Plan your treatment so you do not lose time after receiving them.
The detailed process, including the medical steps after certificates, is explained on our surrogacy process and certificates page.
Rules about the surrogate
The surrogate must also meet conditions set by law.
- A willing, ever-married woman aged 25–35 with a child of her own
- Can act as a surrogate only once in her lifetime
- Must not be genetically related to the child and cannot give her own eggs
- Need not be a relative of the couple
Intending parents pay her medical expenses and other prescribed expenses, such as loss of wages. Any other payment counts as commercial surrogacy, which is prohibited.
If donor eggs or sperm are needed
A February 2024 amendment to the Surrogacy Rules allows donor egg or donor sperm when a District Medical Board certifies a medical need. The child must have at least one gamete from the couple. Read more in our article on surrogacy with donor egg under the 2024 rules.
Age limits and frozen embryos
On 9 October 2025, in Arun Muthuvel v. Union of India, the Supreme Court held that the age bar does not apply to couples who had begun treatment, with embryos frozen, before the Act came into force. Parliament's age limits themselves were not struck down.
After the certificates
Medical treatment follows. Embryos are created through IVF and transferred to the surrogate. The law allows up to three embryo transfer attempts with the same surrogate.
The clinic must hold a separate surrogacy registration in addition to its ART registration. You can ask any clinic to confirm this before you begin.
Avoid agents who promise shortcuts
No one can skip the certificate process or offer a paid surrogate legally. Any payment beyond permitted expenses and insurance is commercial surrogacy, which is a criminal offence.
Documents to keep ready
Requirements differ between states and boards, so check the current list with the board where you apply. Keeping these common papers organised can save time.
- Proof of marriage and identity of both partners
- Proof of age for both partners
- Proof of residence or work in the state where you apply
- All medical reports supporting the medical indication
- Earlier IVF or treatment records, if any
Applications can take time to process, so start early once your doctor confirms a likely medical indication. Make copies of every document and keep the originals safe. Note the date each certificate is issued, since validity runs for one year.
How we can help
Dr. Sunita Singh Rathore can review your medical history and explain whether a medical indication may exist. Many tests can be done in your own city and reviewed on WhatsApp. Treatment takes place at our Delhi clinic. For a cost overview, see our surrogacy cost guide.