For couples contemplating becoming parents through assisted reproduction, two questions arise almost immediately – is IVF sufficient and if not, is surrogacy even legal? Both are options in India, but surrogacy also comes with a legal framework every intended parent would need to familiarize themselves with before proceeding even one step further. At Ekmi Fertility, our work is more than medical – it’s ensuring you enter this process with your eyes wide open.
The Short Answer: Yes, but With Restrictions
The Surrogacy (Regulation) Act, 2021 legalises surrogacy in India. But that is hardly a free card. The law lays out very specific guidelines about who qualifies, who can become a surrogate and what the process must entail.
Here’s who can legally pursue surrogacy in India:
- Indian couples who are married and in which the wife suffers from a medical condition that makes pregnancy dangerous or impossible
- 35-45 years old widows and divorcees
- The proposed pair must have been wed for at least five years
- A medical necessity certificate signed by a registered fertility specialist is required
If you are not meeting these criteria then surrogacy is not legally available to you in India – and no reputable surrogacy doctor in India will proceed without determining eligibility first.
Who Can Be a Surrogate Mother?
This is where many couples are blindsided. India only allows altruistic surrogacy – meaning the surrogate mother must be a close relative of the intended couple and cannot be compensated for anything other than her medical expenses and insurance.
Essential requirements for the surrogate:
- Married with at least one biological child of her own
- Age between 25-35 years
- Can serve as a surrogate just once in her life
- Must provide informed, voluntary consent – no coercion, no business deal
This framework helps to protect surrogates. Any clinic that bypasses these rules is not only operating unethically – it’s operating illegally.
What the Law Is Going to Do for Your Surrogacy Journey
Knowing the legal structure actually clarifies the way. At Ekmi Fertility, we knit legal compliance into our surrogacy packages in India – approvals and documentation is done simultaneously with your medical process, not once that stage is over. Our guaranteed surrogacy program in India is structured around this framework – with every medical and legal milestone mapped out from day one. And since we do IVF and surrogacy in India under a single roof, there aren’t any gaps during the handoffs between your clinical group and your legal support.
With surrogacy cost, legal compliance is included in the price – not added on as an afterthought. To be more specific, couples who search for affordable surrogacy in India tend to find out that it is always less expensive to get it right the first time than it is to fix things later. Ekmi Fertility is the best surrogacy clinic because when it comes to the law, we never play fast and loose.
FAQs
Q. Legal status of commercial surrogacy in India?
No. Only altruistic surrogacy is permitted. The surrogate cannot be compensated beyond medical bills and insurance reimbursement.
Q. If we are legally qualified, what is the cost of surrogacy at Ekmi Fertility?
Surrogacy costs depend on the medical profile and package. Ekmi Fertility provides low-cost surrogacy in India with no hidden cost – detailed breakdown provided free-of-charge during the consultation.
Q. Do we have legal options to do IVF before doing surrogacy?
Yes, this is often recommended by our fertility specialist. Surrogacy becomes the only option when IVF is not viable, with IVF attempted first in many cases.
Q. Is surrogacy available in India for single men or same sex couples?
The Surrogacy Regulation Act does not currently make single men or same-sex couples eligible. Please check with our team for the latest legal updates.