The law in one line
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021. Only altruistic surrogacy is allowed, and commercial surrogacy is a criminal offence.
The Act names two groups who may apply: an intending couple and an intending woman. Everyone else is outside the law.
Eligibility for a married couple
A couple must meet every one of these conditions. Missing any one of them means the application cannot go ahead.
| Condition | What the law requires |
|---|---|
| Marriage | Legally married couple |
| Nationality | Indian couple |
| Wife's age | 23 to 50 years |
| Husband's age | 26 to 55 years |
| Medical need | A medical indication certified by a District Medical Board |
| Children | No surviving child, with one exception explained below |
The medical indication
Surrogacy is not a matter of choice or convenience. The couple needs a medical condition that makes surrogacy necessary.
The conditions are listed under Rule 14 of the Surrogacy Rules, 2022. A District Medical Board examines the case and certifies whether such a condition exists. Your treating doctor can tell you whether your reports point in that direction, but the board decides.
The "no surviving child" rule
A couple with a surviving child is normally not eligible. This covers a biological child, an adopted child or a child born through surrogacy.
There is one exception. If the child is mentally or physically challenged, or has a life-threatening or incurable illness, the couple may still apply. They then need a certificate from the board and approval from the appropriate authority.
Eligibility for a widow or divorced woman
An Indian woman who is widowed or divorced can apply on her own. She must be aged 35 to 45.
She must use her own eggs with donor sperm. Our guide on surrogacy for widows and divorced women covers this route in more detail.
Who is not eligible
The Act does not allow surrogacy for these groups:
- Unmarried single women
- Single men
- Foreign nationals
Couples of Indian origin are treated differently. They need a certificate of recommendation from the National Board before they can proceed.
Be careful of offers that skip the rules
Any arrangement that pays the surrogate beyond her medical expenses, prescribed expenses and insurance is commercial surrogacy. It is a criminal offence in India. Do not agree to it, even if someone says it is common.
Who can be the surrogate
The surrogate mother also has to meet legal conditions. These protect her health and make sure the arrangement is altruistic.
- A willing, ever-married woman aged 25 to 35
- Has a child of her own
- Can be a surrogate only once in her lifetime
- Is not genetically related to the child and cannot give her own eggs
- Need not be a relative of the couple
The intending parents pay her medical expenses and other prescribed expenses, such as loss of wages. They must also buy insurance for her for 36 months.
What happens after you are found eligible
Meeting the conditions is only the first stage. You then apply for certificates in a set order.
- Medical indication certificateApply to the District Medical Board of the state where you live or work.
- Essentiality certificateThis comes from the appropriate authority over that board.
- Parentage and custody orderA Magistrate's court passes this order.
Certificates are valid for one year. The full sequence is explained on our surrogacy process and certificates page.
Checking your own eligibility
Before spending money on travel or tests, check the basics. Confirm your marriage status, both ages and whether you have a surviving child.
Then share your medical reports with a doctor who handles surrogacy cases. The doctor can explain whether a board is likely to see a medical indication, and what records to collect. For the full legal background, see the surrogacy eligibility page.
A quick self-check
Answer these questions honestly before you approach a clinic. If any answer is "no", the standard couple route is unlikely to apply.
- Are you legally married?Live-in partners and engaged couples do not qualify as an intending couple.
- Are you both Indian citizens?Couples of Indian origin follow a separate route through the National Board.
- Are both ages within the limits?Wife 23 to 50 and husband 26 to 55, at the time of applying.
- Do you have a surviving child?If yes, check whether the stated exception applies to your child.
- Is there a medical reason?Your doctor can say whether your reports suggest a condition the board may certify.
Common misunderstandings
- "Any infertile couple can choose surrogacy." Only couples with a certified medical indication can.
- "A relative must be the surrogate." The law no longer requires this.
- "The surrogate can donate her egg." She cannot give her own eggs to the child.
- "Paying extra speeds things up." Payments beyond permitted expenses make it commercial surrogacy.
If you have heard any of these from an agent or online group, check again with a qualified doctor before acting.