legal surrogacy process in India

Legal Surrogacy Process in India

The surrogacy landscape in India changed dramatically with the Surrogacy (Regulation) Act of 2021. Now every Indian citizen, including OCI card holders can opt for surrogacy for India. At Ekmi Fertility, we guide hundreds of families through this regulated process each year, by taking care of everything for you. Here’s exactly what you need to know about the legal surrogacy process in India.

surrogacy in India

To know more about surrogacy Call 9319737070 or email us at info@ekmifertility.com

Who Can Opt for Surrogacy treatment in India?

The new surrogacy law is specific.

  • You qualify for surrogacy if you’re a married Indian couple where the wife is between 25 and 50 years old, and the husband is between 26 and 55 years old.
  • You’ll need a certificate of proven infertility from a district medical board.
  • Single parents, live-in partners, and same-sex couples cannot pursue surrogacy under current Indian law.
  • Commercial surrogacy is completely banned, and as the best surrogacy centre in Delhi, we comply by all the regulations.

Understanding Altruistic Surrogacy Requirements

Here’s what makes Indian surrogacy unique now: it must be altruistic. The surrogate can only be any willing women who is closely known to the intending couple, she must be married with at least one biological child of her own, aged between 25 and 35 years, and this can only be her first surrogacy. No money exchanges hands beyond medical expenses and insurance coverage.

altruistic surrogacy in India

To know more about surrogacy Call 9319737070 or email us at info@ekmifertility.com

Step-by-Step Legal Surrogacy Process in India

Step 1: Medical Eligibility Certificate

Your first step is getting a certificate from the appropriate authority confirming that you meet the medical requirements for surrogacy. This involves comprehensive fertility tests, medical history reviews, and documentation proving you’ve exhausted other treatment options.

Step 2: Finding an Eligible Surrogate

Identify a close relative willing to be your surrogate. She’ll undergo thorough medical and psychological evaluations at our facility. Both you and the surrogate need counseling sessions to understand the physical, emotional, and legal implications.

Step 3: Registration with Surrogacy Board

The intended parents and surrogate must register with the state or national surrogacy board. You’ll submit marriage certificates, proof of Indian citizenship, medical certificates, and evidence of your relationship with the surrogate.

Step 4: Legal Agreement and Documentation

A legally binding surrogacy agreement gets drafted covering all parties’ rights and responsibilities. This includes details about medical procedures, insurance coverage, compensation for medical expenses, and parental rights. The agreement must comply with the Surrogacy Act provisions.

Step 5: Medical Procedure Begins

Once approvals are in place, the IVF treatment process starts. This involves egg retrieval from the intended mother (or donor if medically necessary), fertilization with the intended father’s sperm, and embryo transfer to the surrogate’s uterus. Throughout pregnancy, regular monitoring ensures the health of both surrogate and baby.

Step 6: Birth and Parental Rights Transfer

After delivery, the birth certificate lists the intended parents as the legal parents. The surrogate has no parental rights or obligations. All documentation gets completed through proper legal channels.

surrogacy journey in India

To know more about surrogacy Call 9319737070 or email us at info@ekmifertility.com

Timeline for Surrogacy in India

The entire surrogacy journey typically takes 18 to 24 months from initial consultation to bringing your baby home. This includes 3-6 months for approvals and documentation, followed by the IVF cycle and pregnancy period.

required surrogacy documents

Surrogacy Cost in India

While commercial surrogacy is banned, you’ll still incur expenses. Medical procedures, tests, medications, prenatal care, delivery costs, and insurance for the surrogate typically range from Rs. 18 to 25 lakhs. Ekmi Fertility’s guaranteed surrogacy program helps you by giving you unlimited attempts and reducing this financial load. These are actual medical expenses, not surrogate compensation.

Surrogacy Treatment Component Estimated Cost (in INR) Details/ Inclusions
Initial Consultation & Screening 15,000 – 20,000 Fertility assessment, ultrasound, blood investigations, and counseling for both intended parents.
IVF Procedure 3,00,000 – 6,00,000 Ovarian Stimulation, egg retrieval, Egg donor if required, ICSI fertilization, embryo freezing and embryo transfer procedure
Legal approvals & Documentation Fees 3,50,000 – 4,00,000 Approvals from Surrogacy Board and Court that includes Drafting of legal surrogacy agreement, lawyer consultation, and court-related documentation.
Surrogate Mother Compensation 3,00,000-6,00,000 As per altruistic surrogacy model: covers medical care, health insurance, nutrition, and documented loss of wages
Surrogate Care & Accommodation 1,00,000- 3,00,000 Housing, regular follow up visits and check ups, transport, and essential daily needs during the pregnancy.
Medications & Hormonal Support 1,00,000 – 2,00,000 IVF-related drugs, hormonal medications, and post-transfer support medications 
Antenatal & Delivery Charges 1,00,000 – 3,00,000 Hospital stay, delivery costs (normal/C-section), and postnatal care for the surrogate.
Total Estimated Cost 12,50,000 – 25,00,000 Varies according to number of attempts required, legal conditions, surrogate and egg donor profile, or other complexities 

To know more about surrogacy Call 9319737070 or email us at info@ekmifertility.com

Why Choose Ekmi Fertility for Your Surrogacy Journey

As the best surrogacy centre in India, we’ve helped countless families navigate India’s surrogacy regulations successfully. Our team handles all documentation, coordinates with legal experts, provides comprehensive medical care, and supports you emotionally throughout this journey. We ensure every step complies with the Surrogacy Act while making the process as smooth as possible for you. Starting your surrogacy journey requires careful planning and expert guidance.

To know more about surrogacy Call 9319737070 or email us at info@ekmifertility.com

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