Surrogacy is a legal and emotional process where a woman (called a surrogate mother) agrees to carry and give birth to a child for another individual or couple. In India, this sensitive procedure is strictly governed under the Surrogacy (Regulation) Act, 2021, replacing the earlier 2019 Bill. The law was passed to ensure ethical, legal, and medical safeguards for all parties involved—especially the surrogate and the child.
Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is permitted in India.
Only Indian heterosexual married couples (man and woman) can legally opt for surrogacy.
The couple must be infertile and married for at least five years.
The surrogate mother must be a close relative, a married woman aged 25–35 years who has at least one child of her own.
No commercial payment is allowed; only medical expenses are to be covered.
Foreigners, single individuals, LGBTQ+ couples, and live-in partners are not allowed to pursue surrogacy in India.
Commercial surrogacy is completely prohibited in India.
No advertising or agency-based arrangements for surrogacy are allowed.
Clinics performing illegal surrogacy face strict penalties under the Act.
This case brought international attention to surrogacy laws in India.
The Supreme Court ruled in favor of granting a passport and legal identity to the child born via surrogacy in India, even though the parents were foreigners.
It emphasized that the child’s welfare and identity must be protected.
In this case, the court held that surrogacy agreements are not enforceable by law.
The surrogate mother retains the right to the child unless legal adoption or custody is clearly established.
It also led to a ban on foreign nationals from accessing surrogacy in India.
A couple sought to bring a surrogate child born in the U.S. to India.
The Indian Supreme Court denied their plea, highlighting that commercial surrogacy is illegal and any such agreement is invalid under Indian law.
Although surrogacy is allowed in restricted cases, the Indian legal system gives importance to:
The rights of the surrogate mother,
The legal parentage and welfare of the child, and
Ensuring the process is not misused for commercial or exploitative purposes.
The process must be legally documented, with approval from a competent authority, and medical screening from certified ART (Assisted Reproductive Technology) clinics.
If you’re looking to understand your rights or need assistance with legal documentation and approvals related to surrogacy, Advocate KK Saxena and our legal team at Karkardooma Court, Delhi can help.
📲 Contact Advocate KK Saxena: +91 88515 75983
📍 Office Location: Karkardooma Court, Delhi
