Eligibility at a glance
The Surrogacy (Regulation) Act, 2021 names two groups who can become intending parents. The conditions differ for each.
| Condition | Married couple | Widow or divorced woman |
|---|---|---|
| Nationality | Indian; a couple of Indian origin needs a National Board certificate | Indian |
| Marital status | Legally married | Widowed or divorced |
| Age | Wife 23–50, husband 26–55 | 35–45 |
| Medical need | Certified by a District Medical Board | Certified by a District Medical Board |
| Existing child | No surviving child, with one exception (see below) | Ask your advocate how the rule applies to you |
| Eggs and sperm | At least one gamete from the couple; a donor gamete only if a board certifies the need | Her own eggs with donor sperm |
Who is not eligible
The law closes surrogacy to several groups. If you fall into one of them, surrogacy is not an option in India.
- Unmarried single women
- Single men
- Foreign nationals
- Couples outside the age limits, unless the 2025 Supreme Court ruling covers them
- Couples with no certified medical need
If you are not eligible, other treatment may still help. Many women thought to need surrogacy can carry a pregnancy after IVF or treatment of a uterine problem.
The medical need
A couple must have a medical reason why the wife cannot carry a pregnancy. A District Medical Board certifies this. The conditions it can accept are listed under Rule 14 of the Surrogacy Rules, 2022.
Your doctor examines you, reviews your reports and documents the medical reason. The board then decides whether your condition falls within the rule.
A widow or divorced woman also needs a medical reason certified by the board. Wanting to avoid pregnancy for personal reasons is not enough under the law.
The surviving child rule
A married couple usually cannot use surrogacy if they already have a surviving child. This counts a biological child, an adopted child or a child born through surrogacy.
There is one exception. If that child is mentally or physically challenged, or has a life-threatening or incurable illness, the couple may still apply.
In that case they need a certificate from the District Medical Board. They also need approval from the appropriate authority. Keep the child's medical records ready for both.
Age limits and the 2025 Supreme Court ruling
For a married couple, the wife must be 23 to 50 and the husband 26 to 55. A widow or divorced woman must be 35 to 45.
On 9 October 2025, in Arun Muthuvel v. Union of India, the Supreme Court ruled on couples above these limits. It held that the age bar does not apply to couples who had begun, with embryos frozen, before the Act came into force.
The Court did not strike down the limits Parliament set. If you started treatment and froze embryos before the Act, take legal advice on how the ruling applies to you.
A separate age limit for IVF
The ART Act allows ART services to women above 21 and below 50, and men above 21 and below 55. Since surrogacy needs IVF, both sets of limits matter. Your doctor and advocate can check how they apply together.
Couples of Indian origin
A couple of Indian origin living abroad is not treated the same as a resident Indian couple. They need a certificate of recommendation from the National Board before going ahead.
Foreign nationals are not eligible at all. If one partner holds foreign citizenship, take legal advice early.
Who can be your surrogate
Eligibility also applies to the surrogate. She must be a willing, ever-married woman aged 25 to 35 who has a child of her own.
- She can act as a surrogate only once in her life.
- She cannot provide her own eggs.
- She does not need to be a relative.
- She receives only medical and prescribed expenses, such as loss of wages, and 36 months of insurance.
Common situations
Eligibility questions often come up in the same few forms. Here is how the rules apply to each.
The wife is 49 and the husband is 56
Both partners must be within their limits. A husband above 55 takes the couple outside the rule, even if the wife is within hers. The 2025 ruling helps only if embryos were frozen before the Act came into force.
A second marriage with a child from the first
The surviving child rule refers to a biological, adopted or surrogate child. If either partner has such a child, ask your advocate how the rule applies before you apply to the board.
A divorced woman of 33
The age range for a widow or divorced woman is 35 to 45. Below 35 she is not yet eligible as an intending woman under the Act.
A couple where the wife has no eggs left
Since February 2024, a donor egg can be used if the board certifies the need, as long as the husband's sperm is used. Our donor gamete rules page explains this.
How to check your eligibility
Start with a medical review. The doctor looks at your history, past treatment and reports. She then tells you whether surrogacy is medically indicated or whether IVF can still work.
If surrogacy is indicated, the next steps are certificates from the District Medical Board and the appropriate authority. These are set out on our surrogacy process and certificates page.
You can send your reports on WhatsApp first. Tests can be done in your own city, and treatment takes place at our Delhi clinic.