Surrogacy Eligibility Checker
Get a general indication of your surrogacy eligibility in India, based on the Surrogacy (Regulation) Act, 2021 and its 2023 amendment.
This tool gives a general, informational indication only and is not legal advice. Surrogacy law in India is detailed and can change. Please consult a fertility clinic's legal team or a qualified lawyer to confirm your eligibility.
Your General Eligibility Indication
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This is a general informational indication, not legal advice. Confirm with a fertility clinic's legal team.
Surrogacy Law in India — Overview
The Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy in India — the surrogate mother can be reimbursed for medical expenses and insurance, but cannot be paid a fee. Commercial surrogacy is banned.
Under the original Act, intending parents needed to be a legally married Indian heterosexual couple with a certified medical need. The 2023 amendment tightened rules around donor gametes and clarified provisions for widows and divorced women within specified age limits.
Foreign nationals, OCI cardholders, and unmarried or live-in couples are generally not eligible under current law. Requirements and interpretations can change, so always confirm current eligibility with a clinic's legal team before proceeding.
Frequently Asked Questions
Is commercial surrogacy legal in India? +
No. Under the Surrogacy (Regulation) Act, 2021, only altruistic surrogacy is permitted in India — the surrogate can only be reimbursed for medical expenses and insurance, not paid a fee.
Who can be an intending couple for surrogacy in India? +
Legally married Indian couples with a medically documented infertility condition can be intending parents. Certain provisions also extend to widows and divorced women within a specified age range, following the 2023 amendment.
Can foreigners or NRIs do surrogacy in India? +
Foreign nationals and OCI/PIO cardholders are generally not eligible for surrogacy in India under current law. Only Indian citizens meeting specific eligibility criteria can pursue surrogacy in the country.
Who can be a surrogate mother? +
A surrogate must be a close relative of the intending couple, a married woman with a child of her own, aged 25-35, and can act as a surrogate only once in her lifetime, subject to a medical and psychological fitness certificate.