Who counts as an intending woman
The law calls a single woman who seeks surrogacy an "intending woman". She must be an Indian woman who is a widow or a divorcee. Her age must be between 35 and 45.
A woman who has never married cannot use surrogacy under the current law. This is one of the clearest lines in the Act. Single men and foreigners are also not eligible.
Quick eligibility check
Indian citizen, widowed or divorced, aged 35 to 45, and able to use her own eggs. If all four apply, the next step is a medical consultation and the certificate process.
The egg and sperm rule
An intending woman must use her own eggs. The sperm comes from a donor. This means the child is genetically related to her.
Donor sperm can only come through a registered ART bank under the ART (Regulation) Act, 2021. A clinic cannot arrange sperm from a private, unregistered source. The donor's identity is handled under the rules of that bank.
Because the eggs must be her own, her egg reserve matters a great deal. A woman in her late thirties or early forties often has fewer eggs. A test called AMH and an ultrasound count of follicles give a first picture.
Why age and egg reserve go together
The legal window starts at 35, which is already an age when egg numbers fall. By 45, natural egg reserve is usually low. So a woman who plans surrogacy should not delay the medical tests.
Your doctor will look at AMH, the antral follicle count and your general health. These help predict how many eggs one stimulation cycle may give. Some women need more than one egg collection to build up embryos.
Read more on this in our guide to low AMH and IVF. Success depends mainly on age, egg reserve, sperm quality and embryo quality.
How the process works, step by step
- Medical consultationYour doctor reviews your history, hormone tests and ultrasound. Tests can often be done in your own city and reviewed on WhatsApp.
- CertificatesYou apply for the medical indication certificate to the District Medical Board of the state where you live or work. The essentiality certificate comes from the appropriate authority over that board.
- Finding a surrogateThe surrogate must meet the legal criteria described below. She is not paid a fee.
- Egg collection and embryo creationYour eggs are collected after stimulation and fertilised with donor sperm in the lab. Embryos may be frozen.
- Embryo transfer to the surrogateUp to three embryo transfer attempts are allowed with the same surrogate.
- Parentage and custody orderA Magistrate's court passes the order that records you as the parent.
Certificates are valid for one year. Plan your medical steps so they fit inside that window. The full sequence is set out on our page on surrogacy process and certificates.
Who can be the surrogate
The surrogate must be a willing, ever-married woman aged 25 to 35. She must have a child of her own. She can act as a surrogate only once in her lifetime.
She cannot be genetically related to the child and cannot give her own eggs. She need not be a relative. These rules apply in the same way to couples and to intending women.
What you pay for, and what is not allowed
Surrogacy in India is altruistic only. Commercial surrogacy is a criminal offence. You pay the surrogate's medical expenses and other prescribed expenses, such as loss of wages.
You must also buy insurance for her for 36 months. Any other payment to her counts as commercial surrogacy, which is prohibited. A clinic that suggests a "fee" or "package payment" to the surrogate is asking you to break the law.
For a planning range, overall surrogacy costs usually fall in ₹13.65–20.25 lakh. The breakdown is on our surrogacy cost page. You get a written itemised estimate before treatment starts.
Common situations we are asked about
Divorce is still in court
The law refers to a divorcee. If the divorce is not yet final, the eligibility position is not settled. Speak to a lawyer about the legal status before starting the certificate process.
Age is 46 or above
The upper limit for an intending woman is 45. The Act does not give a separate route for older single women. Your doctor can still discuss other options for your own health and fertility.
Low egg reserve
The rule for intending women is own eggs with donor sperm. If your eggs are very few, discuss it frankly with your doctor before you begin. Some women choose egg or embryo freezing early to keep their options open.
Practical tips before you start
- Keep proof of your status as a widow or divorcee ready, along with identity documents. Ask what the board needs.
- Get AMH and an ultrasound follicle count done early.
- Ask the clinic for both its ART registration and its separate surrogacy registration.
- Confirm that donor sperm will come from a registered ART bank.
- Ask for a written itemised estimate before any payment.
Every case has its own medical and legal details. Consult your doctor, and a lawyer where needed, before you decide.