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Altruistic Surrogacy
Understanding Altruistic Surrogacy in India: Laws, Amendments & Eligibility
Legal awareness, not a surrogacy service listing.
This page exists solely to educate the public on India's altruistic surrogacy legal framework - the Act, its amendments, and eligibility rules. It positions Wellspring as a knowledgeable, ethical fertility information source. It does not offer, imply, or facilitate any surrogacy-related medical service.
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Wellspring IVF & Women's Hospital is NOT a registered surrogacy clinic under the Surrogacy (Regulation) Act, 2021 and does not hold a surrogacy clinic licence.
We do not perform:
- Any IVF, ICSI, or embryo transfer procedure in connection with a surrogacy arrangement
- Surrogate mother assessment, screening, or medical preparation
- Surrogate matching, mediation, or referral of any kind
- Any clinical procedure related to surrogacy, whether commercial or altruistic
This page has been published purely as a public service – to help families, couples, and individuals understand the legal framework governing altruistic surrogacy in India. The information here covers what the law says, who is eligible, and what the process involves. It is not a solicitation of any service we provide.
If surrogacy has been suggested to you as a medical pathway, we recommend:
- Consulting a legal professional specialising in Indian reproductive law for guidance on the legal process
- Contacting the State/UT Appropriate Authority for official eligibility assessment
- Visiting the official Government of India ART & Surrogacy Portal: artsurrogacy.gov.in
- Consulting a registered surrogacy clinic in your area for the clinical aspects
For general fertility treatments – IVF, ICSI, IUI – that are not connected to surrogacy, Wellspring IVF is fully equipped to help. Call us at 9099946050 to discuss your fertility journey.
Legal Foundation
What Is Altruistic Surrogacy? - The Foundation of Indian Law
Under the Surrogacy (Regulation) Act, 2021 (Act No. 47 of 2021), India completely banned commercial surrogacy. Only Altruistic Surrogacy is now legally permitted. The Act defines altruistic surrogacy in Section 2(b) as:
“Altruistic surrogacy means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage for the surrogate mother, are given to the surrogate mother or her dependents or her representative.” — Section 2(b), Surrogacy (Regulation) Act, 2021
✅ What the Intending Parents CAN Pay
- Documented medical expenses directly related to the surrogate’s pregnancy, delivery, and postpartum care
- A 36-month insurance policy from an IRDAI-recognised insurer covering postpartum delivery complications – mandatory before procedures begin (Section 4(iii)(a)(III))
- These are the ONLY two permitted categories of financial outlay to or for the surrogate.
🚫 What Is Commercial Surrogacy – and Why Is It a Criminal Offence
- Any payment, reward, benefit, gift, or monetary incentive beyond medical expenses and insurance – in cash or kind – to the surrogate or her family is commercial surrogacy under Section 2(g).
- The penalty is up to 10 years imprisonment + ₹10 lakh fine (Section 38(2)).
- Every offence is cognizable, non-bailable, and non-compoundable (Section 43).
Amendments
Legal Timeline - The Surrogacy Act and All Amendments (2021-2024)
The surrogacy legal framework has been amended three times since the Act came into force. The February 2024 amendment is the current applicable law – particularly on the donor gamete question, which had caused significant clinical and legal uncertainty.
Dec 25, 2021
Surrogacy (Regulation) Act, 2021 enacted
Parliament passes Act No. 47 of 2021. Commercial surrogacy fully banned. Only altruistic surrogacy permitted, exclusively for Indian citizens with a certified medical indication.
Jan 25, 2022
Act comes into force
Gazette Notification S.O. 292(E). Registration of surrogacy clinics begins under the new framework.
Jun 21, 2022
Surrogacy (Regulation) Rules, 2022 notified
Principal Rules (G.S.R. 460(E)). Detailed eligibility criteria, forms, and procedures prescribed. ‘Close relative’ surrogate requirement was in force at this stage.
Mar 14, 2023
Surrogacy (Regulation) Amendment Rules, 2023
G.S.R. 179(E): Surrogate mother no longer required to be a ‘close relative.’ Any willing woman known to the couple may act as surrogate. Donor gametes still prohibited for couples; single women (widow/divorcee) may use donor sperm.
Oct 2023
Supreme Court - Arun Muthuvel v. Union of India
SC allows donor egg use for women with MRKH Syndrome. Court holds that blanket prohibition on donor gametes is prima facie contrary to the objective of the Act. Sets precedent for Feb 2024 amendment.
Feb 21, 2024
Surrogacy (Regulation) Amendment Rules, 2024 - CURRENT LAW
MoHFW Gazette: ONE donor gamete permitted when a District Medical Board certifies medical necessity. Child must retain at least one gamete from the intending couple. Single women unchanged – self-eggs + donor sperm. THIS IS THE CURRENTLY APPLICABLE LAW.
📌 Key Takeaway from the February 2024 Amendment
The March 2023 Amendment had inadvertently left couples with conditions preventing own gamete use (such as MRKH Syndrome, premature ovarian failure, non-obstructive azoospermia) with no legal pathway to surrogacy. The Supreme Court intervened in October 2023 in Arun Muthuvel v. Union of India, and the government codified the exception in February 2024. Current law (as of February 21, 2024): One donor gamete is permitted with a District Medical Board certificate. At least one gamete from the intending couple must be present in the resulting embryo. For verified current rules, always refer to the official government portal: artsurrogacy.gov.in
Fresh vs. Frozen Embryo Transfer: Which Has Higher Success?
Fresh vs. Frozen Embryo Transfer: Which Has Higher Success?
Fresh vs. Frozen Embryo Transfer: Which Has Higher Success?
Fresh vs. Frozen Embryo Transfer: Which Has Higher Success?
Intending Parents
Who Is Eligible to Commission Surrogacy? - Intending Parent Criteria
Surrogacy in India is a medical necessity pathway – not an elective choice. Eligibility is narrow, age-bound, and requires independent certification by a government District Medical Board.
Married Couple Eligibility
Section 4(iii)(c), Surrogacy Act 2021
- Legally married Indian man and woman
- Wife: 23 to 50 years of age at certification
- Husband: 26 to 55 years of age at certification
- Medical indication from District Medical Board (gestational surrogacy medically necessary)
- No surviving child (biological, adopted, or via earlier surrogacy)
- Exception: Existing child has a life-threatening disorder, severe physical/mental disability, or fatal illness with no permanent cure – DMB certificate required
- Couples with a surviving healthy child are NOT eligible
Single Woman Eligibility
Section 2(s), Surrogacy Act 2021
- Indian widow or divorcee only
- Age: 35 to 45 years at time of certification
- Medical indication required (same as couple)
- Must use her own eggs (self-oocytes)
- Donor sperm is permitted for single women
- Single men are NOT eligible under current law
- Never-married women are NOT eligible
- Live-in couples are NOT eligible
- Same-sex couples are NOT eligible under current law
Three Mandatory Certificates Before Surrogacy Can Begin
Under Section 4(iii), no registered surrogacy clinic can initiate any procedure until all three of the following certificates are in place: Note: Eligibility certificates are valid for one year from issuance. Couples and their identified surrogate must approach the Appropriate Authority together. Advertising to find a surrogate is illegal under Section 3(v).
Surrogate Mother
Who Can Be a Surrogate Mother? - Legal Eligibility Criteria
The Act provides strict criteria under Section 4(iii)(b) to protect the health and rights of the surrogate. These are not advisory guidelines – they are legal conditions that the Appropriate Authority must verify before issuing an eligibility certificate.
✅ Legal Requirements for Surrogate Mothers
- A WILLING woman – written informed consent in her own language is mandatory before any procedure (Section 6). Coercion is illegal.
- Any willing woman known to the couple (since the March 2023 Amendment – the ‘close relative’ requirement has been removed)
- An ever-married woman with at least one biological child of her own
- Between 25 and 35 years of age on the day of implantation
- Permitted to act as a surrogate mother ONLY ONCE in her lifetime
- Must NOT provide her own gametes – the surrogate cannot donate eggs for the surrogacy (Section 4(iii)(b)(III))
- Must hold a Certificate of Medical and Psychological Fitness from a registered medical practitioner
- Withdrawal Right: The surrogate may withdraw consent any time before the embryo is physically implanted in her womb (Section 6(2)).
⚖️ Rights and Protections Built Into the Law
- Rights of the Child (Section 8): A child born through approved surrogacy is deemed the biological child of the intending couple from the moment of birth – with all the rights of a natural child. The surrogate has no parental rights or obligations.
- Prohibition on Abandonment (Section 7): The intending couple cannot abandon the child under any circumstance – including genetic defects, birth defects, sex of the child, or multiple births.
- Prohibition on Forced Abortion (Section 10): No person or clinic can force the surrogate to abort. Abortion during surrogacy requires both the surrogate’s written consent and Appropriate Authority authorisation.
- Advertising Ban (Section 3(v)): No one may advertise to recruit a surrogate in any form – print, electronic, or otherwise. This includes fertility clinics. The couple must identify a willing woman and then approach the authority.
What Our Patients Say
Real stories from real families who trusted us with their fertility journey
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Donor Gametes
The February 2024 Amendment - Donor Gametes in Surrogacy (Current Law)
The Surrogacy (Regulation) Amendment Rules, 2024 were notified by MoHFW on February 21, 2024 and came into force on the same date. This is the most clinically significant amendment since the Act came into force.
📜 What Changed – Before and After February 21, 2024 Position under March 2023 Amendment (no longer in force for this clause): ‘Couple undergoing Surrogacy MUST have both gametes from the intending couple. Donor gametes are NOT allowed.’ Current Position – February 2024 Amendment (NOW IN FORCE): ‘Couple undergoing Surrogacy must have both gametes from the intending couple. However, in case where the District Medical Board certifies that either husband or wife suffers from a medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed, subject to the condition that the child to be born must have at least one gamete from the intending couple.’ For single women (unchanged): A widow or divorcee undergoing surrogacy must use her own eggs. Donor sperm is permitted.
| Scenario | Before Feb 2024 | After Feb 2024 (Current) | Condition Required |
|---|---|---|---|
| Wife unable to produce viable eggs (e.g. MRKH Syndrome, Premature Ovarian Failure, post-chemotherapy) | ❌ NOT permitted | ✅ Donor egg permitted | District Medical Board certificate confirming wife’s condition + husband’s sperm used |
| Husband unable to produce viable sperm (e.g. non-obstructive azoospermia, post-cancer treatment) | ❌ NOT permitted | ✅ Donor sperm permitted | DMB certificate confirming husband’s condition + wife’s eggs used |
| Both partners unable to produce gametes | ❌ NOT permitted | ❌ STILL NOT PERMITTED | Child must have ≥1 gamete from intending couple – not possible if both need donors |
| Single woman – widow or divorcee (35-45 years) | ✅ Self-eggs + donor sperm permitted | ✅ Unchanged | No change – single women must still use own eggs + donor sperm |
Not Eligible
Who Is Currently NOT Eligible for Surrogacy in India
The Act defines eligibility narrowly. The following groups are excluded under current law:
| Category | Current Legal Status | Legal Basis |
|---|---|---|
| Foreign nationals & OCI cardholders | NOT eligible | Act restricts to Indian citizens – ‘intending couple’ defined as Indian man and woman |
| NRI couples (both partners abroad) | NOT eligible | Must be Indian citizens with certified medical indication |
| Single men | NOT eligible under current law | Act does not provide for single men as intending individuals |
| Never-married women | NOT eligible | Section 2(s) – ‘intending woman’ is widow or divorcee only, aged 35-45 |
| Same-sex couples | NOT eligible under current law | Section 2(h) – ‘couple’ defined as legally married Indian man and woman |
| Live-in/cohabiting couples | NOT eligible | Section 2(h) – couple must be legally married |
| Couples with a surviving healthy child | NOT eligible | Section 4(iii)(c)(II) – no surviving child condition (narrow exception for disability/fatal illness) |
| Couples without a medical indication | NOT eligible | Section 4(ii)(a) – medical necessity mandatory, surrogacy is not an elective choice |
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Talk to Dr. Shah About Cavity Optimisation
Dr. Pranay Shah can advise whether hysteroscopy is likely to change your implantation chances or whether another evaluation pathway is more appropriate first.
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09099946050 Legal Process
The Legal Process - Steps in an Altruistic Surrogacy Journey
For those who qualify, here is a simplified overview of the legal steps required before any medical procedure can take place at a registered surrogacy clinic. Wellspring IVF is not involved in any of these steps – this information is provided purely to help families understand the framework.
| Step | What Happens | Who Is Involved |
|---|---|---|
| 1. Medical Indication Assessment | The couple/intending woman obtains a medical certificate from a District Medical Board (chaired by the Chief Medical Officer) confirming the specific condition making gestational surrogacy medically necessary. | District Medical Board |
| 2. Identify a Willing Surrogate | The couple independently identifies an eligible willing woman. Advertising is illegal. The surrogate must be 25-35, married with a child, and agree voluntarily. Since March 2023, she need not be a ‘close relative.’ | Couple + willing woman |
| 3. Apply to Appropriate Authority | The couple and surrogate together apply to the State/UT Appropriate Authority for three certificates: Certificate of Essentiality, Eligibility Certificate for Surrogate, and Eligibility Certificate for Couple. | State/UT Appropriate Authority (processes within 90 days) |
| 4. Obtain Court Order on Parentage | Before the surrogacy can begin, a court order from a Magistrate (First Class or above) is obtained confirming the parentage and custody of the child to be born. | Magistrate’s Court |
| 5. Arrange Surrogate Insurance | A 36-month insurance policy covering the surrogate for postpartum delivery complications is arranged from an IRDAI-recognised insurer. | Intending couple + insurance company |
| 6. All Certificates Received | Only after ALL three certificates are issued by the Appropriate Authority and the court order is obtained can the medical phase begin – at a REGISTERED surrogacy clinic. | Appropriate Authority + registered surrogacy clinic |
| 7. Medical Procedures at Registered Clinic | The actual IVF, embryo creation, and embryo transfer to the surrogate are performed by a surrogacy clinic that holds the requisite registration under the Surrogacy (Regulation) Act, 2021. | Registered surrogacy clinic only |
⚠️ Step 7 – Important Clarification About Wellspring IVF
Step 7 – the actual medical procedures – must be performed at a clinic that is registered as a surrogacy clinic under the Surrogacy (Regulation) Act, 2021. Wellspring IVF & Women’s Hospital does not hold this registration and therefore does not perform any procedure at Step 7 or any other step in a surrogacy arrangement. If you have completed Steps 1-6 and are looking for a registered surrogacy clinic for the medical procedures, we recommend contacting the State Appropriate Authority or the National ART & Surrogacy Registry for a list of registered surrogacy clinics in your area. Visit: artsurrogacy.gov.in
Official Government Resources
For all official legal provisions, amendment notifications, clinic registration lists, and State Appropriate Authority contacts
Refer to the Government of India portal: National ART & Surrogacy Portal – Ministry of Health and Family Welfare, Government of India: artsurrogacy.gov.in
This portal contains: The principal Surrogacy (Regulation) Act 2021, all Amendment Rules (2022, 2023, 2024), Gazette notifications, State Board contacts, Appropriate Authority listings by State, and official FAQs.
Frequently Asked Questions
Common questions on eligibility, donor gametes, surrogate rules, and the current law in India.
Ask a QuestionCan NRI or foreign nationals opt for surrogacy in India?
No. Under the Surrogacy (Regulation) Act, 2021, altruistic surrogacy is available exclusively to Indian citizens who meet all eligibility criteria. The Act defines the ‘intending couple’ as a legally married Indian man and woman – both must be Indian citizens. Foreign nationals and OCI cardholders are not eligible. This effectively ended India’s earlier international surrogacy industry.
Do I need to pay the surrogate mother anything at all?
The only legally permitted payments are: (1) documented medical expenses related to the surrogate’s pregnancy, delivery, and postpartum care, and (2) a 36-month insurance policy from an IRDAI-recognised insurer covering postpartum delivery complications. Any payment, gift, or financial benefit beyond these two categories – in cash or kind – is a criminal offence under Section 38.
Does the surrogate mother have any parental rights over the child?
No. Under Section 8 of the Act, a child born through legally approved surrogacy is deemed the biological child of the intending couple from the moment of birth, with all the rights of a natural child. The surrogate has no parental rights or legal obligations towards the child. A court order on parentage and custody is obtained before procedures begin.
What did the February 2024 amendment change about donor gametes?
The March 2023 amendment had prohibited donor gametes for couples. The February 21, 2024 amendment (MoHFW) created a medical exception: when the District Medical Board certifies that either the husband or wife suffers from a condition necessitating a donor gamete, one donor gamete is permitted – provided the child retains at least one gamete from the intending couple. Using both donor egg and donor sperm remains prohibited for couples.
Can the 'close relative' requirement still stop us?
No. The requirement that the surrogate must be a ‘close relative’ was removed by the Surrogacy (Regulation) Amendment Rules, 2023 (Gazette notification, March 14, 2023). Since then, any willing woman known to the couple can legally act as a surrogate – she does not need to be a blood relative, sister, or family member. However, she must still meet all other eligibility criteria: married, 25-35, with her own biological child, and medically fit.
Does Wellspring IVF offer surrogacy services?
No. Wellspring IVF & Women’s Hospital is a licensed IVF and fertility treatment clinic. We are not registered as a surrogacy clinic under the Surrogacy (Regulation) Act, 2021 and do not perform any medical procedure connected to a surrogacy arrangement. This information page exists to educate and support families who are navigating surrogacy law – not to solicit any surrogacy-related service. For IVF, ICSI, or other fertility treatments unrelated to surrogacy, you are welcome to contact us at 9099946050.
Where can I find a registered surrogacy clinic?
The National ART & Surrogacy Registry maintains a list of clinics registered under the Act. For official clinic registration details, Appropriate Authority contacts by State, and the latest notifications and rules, visit the Government of India portal: artsurrogacy.gov.in. You can also contact the State/UT Appropriate Authority (typically under the State Health Department) directly.
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Struggling with Infertility? Wellspring IVF Can Help.
If you are facing challenges conceiving and are exploring all available options - including understanding whether surrogacy is a pathway for you - Dr. Pranay Shah is available for a consultation on your fertility journey. Wellspring IVF provides IVF, ICSI, IUI, and a full range of fertility diagnostics and treatments. We are not a surrogacy clinic. But we are Ahmedabad's trusted fertility centre.