New Surrogacy Laws in India (1)

New Surrogacy Laws in India

Surrogacy involves a woman carrying and delivering a baby for another couple, typically under agreed terms or for financial compensation. This is a possible option for couples who have tried all other fertility treatments without success. Recent changes in Indian surrogacy laws now allow only gestational surrogacy. This means that the surrogate cannot use her own eggs in the process. Instead, the egg must come from the intended mother or an egg donor, and the surrogate carries the resulting embryo to term. These rules ensure that the genetic link is either with the intended parents or an approved donor, not the surrogate. Consequently, this approach helps maintain clarity in parental rights and the surrogate’s role, thereby easing the process and aligning it with legal standards. As a result, surrogacy becomes a more structured and legally viable option for intended parents in India.

New Surrogacy Laws in India 2021

Exploitation of surrogates lead to eliminate commercial surrogacy. Government introduced altruistic surrogacy, where a woman assists by carrying your child without receiving any financial compensation or gifts. Now, intended parents who don’t have a friend or a family relative willing to be a surrogate for them face a legal obstacle. The government’s mandate requires that you know the surrogate, but societal norms often prohibit such arrangements. So, the lingering question is: Who will be your surrogate mother?

Call +91-8448-8412-71 now to understand How to choose your surrogate mother.

Surrogacy Law in India 2021 simplified

The new act aims to establish the National ART & Surrogacy board and State ART & Surrogacy board. We have simplified the guidelines outlined in the Official Gazette signed under the Surrogacy Regulation Act 2021 to enhance your understanding of the process.

There are three main requirements for starting surrogacy process in India as per the New Surrogacy Laws in India (2021)

1) Certificate of essentiality: Issued for the Intending couple by the appropriate authority only after they have the following:

a) Certificate of Medical Indication: The District Medical Board issues a recommendation in favour of one or both members of the intending couple, thus making gestational surrogacy a necessity.

b) An order of Parentage and Custody: A Magistrate of the first class or higher court passes an order for the parentage and custody of the child to be born through surrogacy.

c) Insurance coverage: Amount as prescribed in favour of surrogate mother for a period of 36 months covering all post-partum complications.

2) Certificate of Eligibility for the Intending couple: Issued after fulfilment of following conditions:

a) The couple should be married for over 5 years

b) The age limit for Surrogacy is 23 to 50 years for females and 26 to 55 years for males

c) They should have never had a surviving child biologically or through adoption

d) If the intended couple has a child but the child suffers from a life-threatening disease or is physically or mentally disabled.

e) The couple should be of Indian Origin

f) Medical indication necessitating gestational surrogacy

3)Certificate of Eligibility for Surrogate mother – Issued after fulfilment of following conditions:

a) Surrogate mother should be between 25-35 years of age

b) She should be married

c) She should have delivered at least one child in her life before becoming a surrogate mother

d) Can act as a surrogate mother only once in her life

e) Cannot provide her own gametes for the process

f) Is in possession of a certificate of medical and psychological fitness from a Registered Medical Practitioner.

Ekmi Fertility proudly positions itself as the Best Surrogacy Centre in Delhi boasting the highest IVF and surrogacy success rates. However, the cost of surrogacy treatments in Delhi varies from Rs. 14 lakhs to Rs. 16 lakhs, depending on the chosen program. If intended parents lack a surrogate, we handle that aspect as well. Therefore, Ekmi Fertility maintains an extensive pool of pre-screened surrogates ready to assist the intended parents.

Call +91-8448-8412-71 now to check your Eligibility.

Key features in the new surrogacy bill included:

Because the Surrogacy Regulation Bill is aimed at bringing about significant changes in the surrogacy industry in India, these include:

  • Ban on commercial surrogacy
  • Eligibility criteria
  • Regulation of surrogacy clinics
  • Insurance coverage
  • Ethical and legal practices
  • Single parents and same sex couples

To know more about the new surrogacy laws in India, call 8448841271 or email us at

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