The Legal Framework
- Eligibility of Intended Couples: Indian couples married for at least five years — male partner aged 26–55, female partner 23–50 — with a medical indication for surrogacy, and single women who are widows or divorcees within the prescribed bracket.
- Eligibility of the Surrogate: Must be a close relative of the intended couple, married with a child of her own, aged 25–35, medically and psychologically fit, and may act as a surrogate only once.
- Registration of Clinics: All ART clinics and surrogacy clinics must be registered with the appropriate authority and remain subject to periodic inspection under Section 10.
- Insurance & Medical Cover: Intended couples must arrange 36 months of insurance coverage for the surrogate, covering postpartum complications.
- Prohibition on Commercial Arrangements: Any exchange of money or benefit beyond permitted medical and insurance costs is a punishable offence under Sections 38–41.
- Consent & Documentation: The 2022 Rules prescribe the consent forms, medical disclosures, and insurance documentation required at each stage — the surrogate may withdraw consent before embryo transfer.
Eligibility at a Glance
Intended Couple / Woman
- Indian citizens, married for at least 5 years (or a widow/divorcee aged 35–45)
- Male partner aged 26–55; female partner aged 23–50
- Certificate of medical indication from a District Medical Board
- No surviving biological, adopted, or prior surrogate child (subject to specified exceptions)
- Court order from a Magistrate permitting surrogacy
- 36 months' insurance coverage arranged for the surrogate
Altruistic vs. Commercial Surrogacy
| Feature | Altruistic Surrogacy (Legal) | Commercial Surrogacy (Banned) |
|---|---|---|
| Payment to surrogate | Medical expenses & insurance only | Monetary compensation / benefit |
| Who may be a surrogate | Close relative of the couple | Any woman, often unrelated |
| Brokers / agencies | Not permitted | Frequently involved |
| Advertisement | Prohibited in any form | Often advertised |
| Legal status in India | Permitted, subject to certification | Banned under Section 4 |
From Eligibility to Parentage
A surrogacy arrangement under Indian law follows a defined statutory sequence. We advise at every stage.
Eligibility Screening
Certificate of essentiality & eligibility from the appropriate authority
Clinic Registration Check
Confirming the ART/surrogacy clinic's statutory registration
Surrogacy Agreement
Drafting the compliant agreement & consent documentation
Insurance & Medical Cover
Arranging the mandatory 36-month insurance cover
Parentage & Birth
Representation on parentage, custody & registration matters
Documents & Certificates You Will Need
- Certificate of Essentiality (District Medical Board + Magistrate's Court order)
- Certificate of Eligibility for the intended couple / woman
- Proof of the surrogate's relationship to the intended couple
- Medical & psychological fitness certificates for the surrogate
- Written informed consent from the surrogate
- 36-month insurance policy for the surrogate
- Registered surrogacy agreement (altruistic terms only)
- Clinic's current registration certificate under the Act
Penalties for Non-Compliance
Sections 38–41 of the Act prescribe strict, escalating penalties for violations.
- Sec. 38: Commercial surrogacy, brokering, advertisement, abandonment, or exploitation – Up to 10 yrs + ₹10 lakh fine
- Sec. 39: Other contraventions by registered medical practitioners / clinics; repeat breach reported to the State Medical Council – Up to 5 yrs + ₹10 lakh fine
- Sec. 40: Intended couple / woman seeking non-altruistic or commercial surrogacy – 5 yrs / ₹5L (1st) — 10 yrs / ₹10L (repeat)
- Sec. 41: General contravention with no specific penalty prescribed elsewhere in the Act – Up to 3 yrs + ₹5L + ₹10,000/day
Landmark Surrogacy Case Law
Baby Manji Yamada v. Union of India
(2008) 13 SCC 518
One of the earliest Supreme Court rulings to address the legal status and citizenship of a child born through surrogacy in India, prompting the push toward a dedicated statutory framework.
Jan Balaz v. Anand Municipality
Gujarat High Court
Addressed the citizenship and parentage rights of children born to foreign intended parents through Indian surrogates, highlighting the gaps that later surrogacy legislation sought to close.
Our Surrogacy Law Services
Practical, compliance-first counsel for clinics, intended parents, and surrogates alike.
Eligibility & Certification Advisory
Guiding intended couples and surrogates through the certificate of essentiality and eligibility process before the appropriate authority.
Surrogacy Agreements
Drafting legally compliant agreements that clearly set out the rights, obligations, and consent of every party involved.
Clinic Registration & Compliance
Assisting ART banks and surrogacy clinics with registration, inspection readiness, and ongoing regulatory compliance.
Consent & Documentation
Preparing consent forms, medical disclosures, and insurance documentation required under the 2022 Rules.
Dispute Resolution
Representing clients in disputes arising from surrogacy arrangements, including parentage, custody, and non-compliance matters.
Representation Before Authorities & Courts
Appearing before State/National Surrogacy Boards and courts, including matters involving Supreme Court directions on ART compliance.
