Before you start
Check that you are eligible first. The law limits surrogacy to married Indian couples and to Indian widows or divorced women within set age limits. Our surrogacy eligibility page covers who qualifies.
Then plan for paperwork. Each step below depends on the one before it, so delays in one stage push back the rest.
Take an advocate with you
Forms, fees and timelines differ between state authorities and courts. An advocate experienced in surrogacy law can file the applications and the court petition. This page is general information, not legal advice.
The steps in order
- Medical assessmentA fertility doctor examines both partners and reviews past treatment and reports. The doctor records why the wife cannot carry a pregnancy, or confirms that IVF may still work.
- Medical indication certificateApply to the District Medical Board of the state where you live or work. The board checks your condition against Rule 14 of the Surrogacy Rules, 2022 and certifies the medical need. If a donor egg or sperm is needed, the board must certify that too.
- Essentiality certificateThe appropriate authority over that District Medical Board issues the essentiality certificate. This confirms that surrogacy is needed in your case.
- Surrogate's eligibility and insuranceThe surrogate must meet the legal conditions set out below. You buy insurance cover for her for 36 months.
- Parentage and custody orderA Magistrate's court passes an order on the parentage and custody of the child to be born. Your advocate files this petition.
- Treatment at a registered surrogacy clinicIVF creates embryos from your eggs and sperm, or a permitted donor gamete. An embryo is then transferred to the surrogate's uterus.
- Up to three transfer attemptsThe rules allow up to three embryo transfer attempts with the same surrogate.
Step 1 in detail: the medical assessment
Everything starts here. The board will want medical evidence, so the assessment must be thorough and well documented.
- Records of past IVF cycles, transfers and pregnancy losses
- Ultrasound and other reports on the uterus
- Hormone tests and semen analysis
- Records of any medical illness that affects pregnancy
Some couples learn at this stage that surrogacy is not needed. A pregnancy may still be possible with IVF or treatment of the underlying problem.
Steps 2 and 3: the two certificates
The District Medical Board and the appropriate authority work in sequence. The board certifies the medical need. The authority above it then issues the essentiality certificate.
Apply in the state where you live or work. Couples sometimes assume they must apply where the clinic is. The law ties the application to your own state instead.
A couple with a surviving child who has a serious illness or disability needs extra approval. The board certifies the child's condition and the appropriate authority approves the application.
Step 4: the surrogate's side
The surrogate must be a willing, ever-married woman aged 25 to 35 with a child of her own. She can be a surrogate only once and cannot give her own eggs.
You pay her medical expenses and other prescribed expenses, such as loss of wages. You also buy insurance for her for 36 months. Any other payment counts as commercial surrogacy, which is a criminal offence.
Step 5: the court order
A Magistrate's court passes the parentage and custody order. It records who the child's parents are and who has custody.
Courts set their own listing dates. Ask your advocate how long the local court usually takes.
Steps 6 and 7: treatment
Treatment must take place at a clinic registered for surrogacy. This is in addition to the clinic's ART registration.
The wife, or a permitted donor, goes through ovarian stimulation and egg collection. Embryos are made in the lab and often frozen. The surrogate's uterus is prepared and an embryo is transferred.
If the first transfer does not work, up to three attempts are allowed with the same surrogate. The doctor plans each one based on embryo quality and the surrogate's response.
Who does what
| Step | Who handles it |
|---|---|
| Medical assessment and reports | Your fertility doctor |
| Medical indication certificate | District Medical Board of your state |
| Essentiality certificate | Appropriate authority over that board |
| Parentage and custody order | Magistrate's court, on a petition by your advocate |
| Insurance for the surrogate | You, the intending parents |
| IVF and embryo transfer | A registered surrogacy clinic |
Certificates are valid for one year
Each certificate is valid for one year. Plan your IVF and transfers so they fall within that window.
If you freeze embryos early, check the dates with your doctor. Starting treatment too late in the year can mean renewing papers.
Documents to keep ready
- Proof of age and Indian nationality for both partners
- Marriage certificate, or a death certificate or divorce decree for a widow or divorced woman
- All medical reports and treatment records
- Proof of residence or work in the state where you apply
Your advocate will tell you what else your state authority asks for.
Common reasons for delay
- Medical records from earlier clinics that are incomplete or missing
- Applying to the board in a state where you neither live nor work
- Court dates that take longer than expected
- Certificates that lapse before the embryo transfer happens
Collect old records early, and keep copies of every document you submit.
What it costs
The costs cover IVF, the surrogate's medical care and insurance, and legal fees. See surrogacy cost in India for an itemised breakdown.