Yes, surrogacy is legal in India but only under strict conditions outlined in the Surrogacy (Regulation) Act, 2021 and Assisted Reproductive Technology (Regulation) Act, 2021. Commercial surrogacy is banned, while altruistic surrogacy is permitted exclusively for Indian married couples with proven infertility. The National Assisted Reproductive Technology and Surrogacy Board oversees compliance, and state-level authorities (e.g., State Surrogacy Boards) enforce local adherence. Recent 2026 amendments further restrict eligibility, requiring a five-year marriage duration and prohibiting single parents, live-in couples, and LGBTQ+ individuals from accessing surrogacy services.
Key Regulations for Surrogacy in India
- Altruistic-only model: Surrogacy must be unpaid, with the surrogate being a close relative (genetically related) of the intending couple. Monetary compensation beyond medical and insurance expenses is prohibited.
- Eligibility criteria: Only legally married Indian couples (heterosexual) with at least one proven infertility diagnosis (certified by a District Medical Board) may pursue surrogacy. Foreign nationals, NRIs, and PIOs are ineligible.
- Registration mandates: All surrogacy clinics must be registered under the ART Act, and surrogacy agreements require approval from the State Surrogacy Board. Violations attract penalties up to ₹10 lakh and imprisonment.