Everything You Need to Know About Surrogacy in India

ndia used to be one of the leading global hubs for surrogacy, thanks to its affordable infertility treatment costs and flexible laws. For many years, couples from around the world traveled to India for surrogacy treatment. However, since 2022, the Indian government has introduced stricter regulations on surrogacy in response to growing reports of exploitation, human rights violations, and ethical challenges. These new laws have restricted surrogacy practices to Indian citizens only.

In this article, we will examine the evolution of surrogacy laws in India, the reasons behind these legal changes, and the current status of surrogacy in the country.

Surrogacy in India Before 2021

Until 2021, India was recognized as a global hub for surrogacy. The cost of surrogacy in India was much more affordable compared to many other countries, ranging from $20,000 to $30,000. In addition, the lack of restrictions on this infertility treatment attracted many foreign couples to the country for medical tourism.

However, the rapid development of this industry raised significant criticism. Many opponents argued that the surrogacy growth in India has led to the exploitation of poor Indian women and legal issues regarding the citizenship and identity of babies born through the practice. As a result of these concerns, the surrogacy rules in India were changed in 2022.

Modifications in Surrogacy Rules in India Since 2022

In response to growing criticism on commercial surrogacy in India, significant changes were made to the laws with the introduction of the Surrogacy (Regulation) Act in 2022. Key aspects of the new law include:

•Surrogacy must be altruistic—no compensation is allowed for the surrogate mother (Commercial surrogacy is forbidden);

•Only Indian married couples who are medically unable to get pregnant are eligible;

•The surrogate mother must be an Indian citizen, including NRIs and OCIs, between 25 and 35 years old;

•The surrogate must be married and a close relative or family acquaintance of the intended couple, with a history of successful childbirth;

•Surrogates cannot be paid; however, the intended parents are allowed to cover medical, insurance, and similar expenses;

• Foreigners, same-sex couples, and single people are not eligible for surrogacy in India.



The Goal Behind the Change of Surrogacy Laws in India

The surrogacy laws in India were revised to protect women from financial and sexual exploitation. Most women who volunteered to be surrogates in India came from the poor class and lacked adequate legal or medical protection. As a result, these circumstances often exposed them to significant physical and psychological trauma.

Effects of the New Surrogacy Rules in India

While the new laws have succeeded in reducing exploitation, they have also led to several challenges:

•Significant decline of medical tourism revenue in India;

•Lack of access to surrogacy for single individuals and same-sex couples;

•Increased difficulty for many couples in finding a qualified surrogate who is a relative and meets all the criteria;

•Rise of underground surrogacy markets in certain regions of India.



Legal Process of Surrogacy in India

For couples seeking surrogacy in India legal, the following steps should be undertaken:

•Obtaining a valid infertility diagnosis from a qualified specialist;

•Submitting an official application to an authorized fertility clinic. This application should include documents such as the marriage certificate, proof of residency, and the infertility diagnosis.

•Selecting a surrogate from among their relatives or close friends, such as sisters, aunts, or close acquaintances. The surrogate must meet all legal and medical requirements;

•Establishing a comprehensive legal contract once a surrogate has been chosen. This agreement should cover key aspects such as health insurance for the surrogate, medical expenses, and the baby’s custody after birth;

•Ensuring medical supervision for the surrogate throughout the pregnancy.

Surrogacy in India vs Iran

While surrogacy in India is fraught with challenges due to legal restrictions, in Iran it is pursued with clear laws and legal protections. In India, many couples face many concerns due to the lack of comprehensive legislation or uncertain costs, and even the appropriate medical facilities for this process are more limited than in Iran.

Read more: Surrogacy in Iran

Final Words

Surrogacy in India has gone through significant changes.  Until 2021, the country was a prominent hub for commercial surrogacy, attracting couples from around the globe seeking this reproductive option. However, in 2022, new regulations were introduced that completely changed the law of surrogacy in India.

These changes were implemented to address concerns regarding mental and physical abuse and exploitation of vulnerable women. As a result of modifications to surrogacy laws in India 2021, the treatment is now restricted to Indian couples who meet specific criteria.

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FAQs About Surrogacy in India

•Can foreigners opt for surrogacy in India?

No, since 2022, surrogacy in India is only available to Indian citizens, including Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), as per the

•Are single individuals or same-sex couples allowed to use surrogacy?

No, the current surrogacy rules in India do not allow unmarried individuals and same-sex couples to use this option.

•Is it legal to compensate a surrogate mother in India? 

No, only altruistic surrogacy in India is permitted. This means that any payments made to a surrogate mother are limited to covering specific medical and insurance costs.

•What are the requirements for a surrogate mother in India?

A surrogate mother must be a married Indian woman aged between 25 and 35 years, with at least one successful prior pregnancy. Additionally, she should be a relative or a close family acquaintance of the intended parents.