Eligibility criteria for surrogate mothers

To be eligible to be a surrogate mother in India, a woman must: 

• Be between the ages of 25 and 35 

• Be married and have a child of her own 

• Provide a certificate of medical and psychological fitness for surrogacy from a registered medical practitioner 

• Provide written informed consent to undergo the procedures 

• Not donate her gametes (eggs) for surrogacy

Couples must be married, with the female partner between 23 and 50 years old and the male partner between 26 and 55 years old. They should not have any children from previous relationships or marriages. 

• Couples must be married

• Female partner between 23 and 50 years old 

• Male partner between 26 and 55 years old

• They should not have any children from previous relationships or marriages

Documents needed

To carry out surrogacy in India, you need to have your passport, visa, and proof of health insurance coverage.

Certificate of essentiality

To obtain a certificate of essentiality, you need to provide: 

A proven infertility certificate for one or both intending parents from the District Medical Board 

An order of parentage and custody of the surrogate child from a magistrate court 

Insurance coverage for 16 months covering the surrogate's postpartum delivery complications

Is surrogacy legal in India?

The Indian surrogacy law was passed in the year 2018. As per law

Surrogacy is applicable to only Indian intended parents who have been married for at least 5 years.

Surrogacy is applicable to only Indian intended parents who have been married for at least 5 years.

Commercial surrogacy is illegal

Single parents, homosexuals and live-in couples are banned from surrogacy option.

Only a close relative, aged 25-35 can be the surrogate. She must be married and have at least one biological child

The new surrogacy law (2022) enforced by the supreme court allows only Altruistic surrogacy

Only a close relative, aged 25-35 can be the surrogate. She must be married and have at least one biological child

Traditional surrogacy

Traditional surrogacy- 

• Surrogate has a genetic relation with  the child she carries. 

• Sperm of the male parent is artificially inseminated into her body. 

• Surrogate continue pregnancy and delivers the baby.

Gestational surrogacy

Gestational surrogacy- 

• Surrogate does not have a genetic relation with  the child she carries. 

• Through IVF, the intended parents give their sperm and egg to create an embryo. 

• The embryo is then transferred to the gestational surrogate’s body. 

• She then carries the baby until birth. 

• She is the birth mother but the biological mother is the parent whose egg had been used.

Altruistic surrogacy

Altruistic surrogacy - 

• Selfless act where a woman carries and gives birth to a baby for another couple without receiving financial compensation. 

• The surrogate is often a close friend or relative of the intended parents.