Surrogacy in India has undergone a transformative shift from a global hub for commercial surrogacy to a strictly regulated framework focused on altruistic arrangements. The Surrogacy (Regulation) Act, 2021, and its subsequent amendments have redefined who can pursue surrogacy, what the process entails, and what role clinics can play. This comprehensive guide will provide a detailed overview of the legal landscape, the process, costs, and how to choose the right clinic in this new era of Indian surrogacy.
1. Navigating the Legal Framework: Surrogacy Laws in India (2025 Updates)
The most significant change in India’s surrogacy landscape is the complete prohibition of commercial surrogacy. The Surrogacy (Regulation) Act, 2021, permits only altruistic surrogacy, which means a surrogate mother cannot receive any monetary compensation beyond her medical expenses and insurance. This fundamental shift was enacted to protect women from exploitation and ensure ethical practices.
Who is Eligible to be an Intended Parent?
The law has strict eligibility criteria for those seeking to become parents through surrogacy:
- Marital Status: Only Indian married couples (heterosexual) are eligible. They must be legally married for at least five years.
- Medical Necessity: The couple must have a medically certified condition of infertility, proving that they are unable to conceive naturally or carry a pregnancy to term.
- Age Criteria: The wife must be between 23 and 50 years old, and the husband must be between 26 and 55 years old.
- Citizenship: Both intended parents must be Indian citizens. Foreign nationals, Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), single individuals, and LGBTQ+ couples are currently barred from pursuing surrogacy in India.
- Surviving Child: The couple must not have a biological, adopted, or surrogate child already, with a specific exception for couples whose existing child has a life-threatening disorder or a mental/physical disability.
- Single Women: The law makes a limited exception for single women who are either widowed or divorced. They must be between 35 and 45 years of age and meet all other medical and legal requirements.
Who Can Be a Surrogate Mother?
The new laws also impose strict requirements on who can be a surrogate:
- Altruistic Arrangement: The surrogate must be a close relative of the intended parents. This is a key provision of the altruistic model.
- Marital & Parental Status: She must be a married woman with at least one biological child of her own.
- Age: She must be between 25 and 35 years old.
- Consent: The surrogate must be willing and provide her written consent.
- Medical Fitness: She must be medically and psychologically fit to carry a pregnancy, as certified by a registered medical board.
- One-Time Rule: A woman can act as a surrogate only once in her lifetime.
- No Gamete Donation: The surrogate mother cannot use her own gametes (eggs) for the pregnancy, ensuring the child is not genetically related to her.
2. The Comprehensive Surrogacy Process in India
The surrogacy journey in India is a multi-step process that is now heavily regulated and requires thorough documentation and approvals at every stage.
Step 1: Initial Consultation and Medical Evaluation
The journey begins with a detailed consultation with a fertility specialist. The intended parents undergo a series of medical tests to confirm the cause of infertility and assess their overall health. This includes hormonal assays, ultrasounds, semen analysis, and genetic screening. The clinic will then determine if surrogacy is a medically necessary option and guide the couple on the next steps.
Step 2: Legal Formalities and Board Approvals
This is a crucial and often lengthy stage under the new law. The intended parents must obtain several certificates to proceed:
- Certificate of Essentiality: This is issued by a District Medical Board, certifying the couple’s medical necessity for surrogacy.
- Eligibility Certificate: This confirms that both the intended parents and the potential surrogate meet all the legal and medical criteria outlined in the Surrogacy Act.
- Legal Agreement: A legally binding surrogacy agreement must be drafted between the intended parents and the surrogate, clearly outlining the rights and responsibilities of all parties. This agreement is then approved by the appropriate authority.
Step 3: Surrogate Matching and Screening
Once all legal certificates are in place, the clinic or a registered surrogacy agency will facilitate the matching process. The surrogate must be a close relative who has been thoroughly screened both medically and psychologically. This screening ensures she is physically and mentally capable of carrying a pregnancy to term and is fully aware of her rights and responsibilities.
Step 4: The IVF Process and Embryo Transfer
This is the medical heart of the process. In a gestational surrogacy, the embryo is created in a lab using the intended parents’ gametes (or donor gametes, if approved under new rules for medical conditions). The steps include:
- Ovarian Stimulation: The intended mother undergoes a regimen of medications to produce multiple eggs.
- Egg Retrieval: The eggs are retrieved from the intended mother’s ovaries.
- Fertilization: The eggs are fertilized with the intended father’s sperm in the lab to create embryos.
- Embryo Transfer: A healthy, viable embryo is carefully transferred into the surrogate’s uterus.
Step 5: Pregnancy Monitoring and Support
After a successful embryo transfer and confirmed pregnancy, the surrogate receives comprehensive medical care and monitoring throughout the nine-month term. This includes regular prenatal check-ups, ultrasounds, and nutritional support. The intended parents are kept informed of the pregnancy’s progress.
Step 6: Delivery and Legal Handover
The delivery takes place at a registered hospital. Under the new law, the birth certificate is issued in the names of the intended parents from the outset, eliminating the need for complex adoption or legal transfer procedures post-birth. This ensures that the child is legally recognized as the child of the intended parents from the moment of birth.
3. The Financial Side: Cost of Surrogacy in India (2025 Breakdown)
The cost of altruistic surrogacy in India is significantly lower than in many Western countries, but it’s important to understand what the expenses cover, especially since commercial payments are now illegal. The total cost typically ranges between ₹15-25 lakhs ($18,000-$30,000), depending on the city, clinic, and the number of IVF cycles required.
A detailed cost breakdown typically includes:
| Cost Component | Estimated Cost (INR) |
| Medical Procedures | ₹5-8 lakhs |
| IVF Cycle(s) and medications | ₹2-4 lakhs |
| Embryo Transfer | ₹50,000-₹1,00,000 |
| Pre- and post-IVF diagnostic tests | ₹50,000-₹1,00,000 |
| Surrogate Mother Expenses | ₹4-6 lakhs |
| Medical care (prenatal, delivery, postnatal) | ₹2-3 lakhs |
| Nutrition, accommodation, and miscellaneous costs | ₹2-3 lakhs |
| Legal & Administrative Fees | ₹2-4 lakhs |
| Surrogacy agreement and court processes | ₹1-2 lakhs |
| Obtaining various eligibility and essentiality certificates | ₹1-2 lakhs |
| Insurance Coverage | ₹2-3 lakhs |
| Mandated insurance for the surrogate for 36 months | ₹1-2 lakhs |
| Insurance for the intended parents for the baby | ₹1 lakh |
| Additional Costs (If applicable) | Varies |
| Donor gametes (if needed) | ₹1-2.5 lakhs |
| Preimplantation Genetic Testing (PGT) | ₹20,000-₹1,00,000 per embryo |
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4. How to Choose the Right Surrogacy Clinic in India
Selecting the right clinic is a pivotal decision that can significantly impact the safety, success, and legal compliance of your surrogacy journey. Here’s what to look for:
Legal Expertise and Ethical Practices
- Compliance with the Law: With the new strict regulations, a clinic’s legal expertise is paramount. Ensure the clinic has a dedicated legal team or works with lawyers who are up-to-date on the Surrogacy (Regulation) Act, 2021, and can guide you through all the necessary documentation and board approvals.
- Ethical Standards: The clinic must demonstrate a strong commitment to ethical practices, particularly in its treatment of the surrogate mother. This includes ensuring she receives fair and transparent care, is not coerced, and has her rights protected at every stage.
Success Rates and Technology
- Transparent Success Rates: Ask for a detailed breakdown of success rates for similar cases, not just an overall number. Inquire about their take-home baby rates per cycle.
- Advanced IVF Technology: The quality of a clinic’s embryology lab and the expertise of its embryologists are critical. Look for clinics that use advanced technologies like blastocyst culture, embryo freezing, and Preimplantation Genetic Testing (PGT) if needed.
Comprehensive Support and Transparency
- 360-Degree Support: A good clinic offers more than just medical procedures. It should provide comprehensive support that includes legal guidance, psychological counseling for all parties, and seamless coordination throughout the entire process.
- Transparent Costing: Demand a clear and itemized cost breakdown upfront. Avoid clinics with vague or hidden fees. Given the legal restrictions on payment to the surrogate, the cost structure should be completely transparent and focused on covering legitimate medical and administrative expenses.
- Patient Reviews and Testimonials: Research the clinic’s reputation. Look for authentic patient reviews and testimonials to get a sense of their experience and the quality of care they provide.
5. Top 10 Surrogacy Clinics in India (2025)
Given the legal shift to altruistic surrogacy, clinic excellence is now measured by their legal compliance, ethical standards, and ability to navigate the complex process for intended parents. Here are some of the top-rated clinics known for their expertise in this new legal environment:
- Nova IVF Fertility (Multiple Locations): Known for its widespread network and advanced embryo screening technologies. They have a strong reputation for ethical practices and transparent pricing.
- Cloudnine Fertility (Bangalore, Mumbai, Delhi): Specializes in high-risk pregnancies and complex cases. They are well-regarded for their comprehensive support and patient care.
- In-vitro IVF Clinic (Delhi): A well-regarded clinic known for its strict adherence to the new ART and Surrogacy laws, offering a patient-friendly environment with a focus on ethical and legal support.
- SCI IVF Hospital (Delhi): A leader in high-tech IVF labs and legal assistance, SCI IVF is a popular choice for those seeking a smooth and legally compliant journey.
- Milann Fertility Clinic (Bangalore): Founded by the esteemed Dr. Kamini Rao, this clinic is known for its personalized surrogacy programs and expert medical team.
- Elixir Fertility Centre (Delhi NCR): This standalone IVF center has a highly experienced team and offers personalized care with a strong focus on advanced and effective procedures.
- Delhi IVF and Fertility Research Centre (Delhi): One of the oldest and most respected names in the field, known for its extensive experience and world-class technology.
- Akanksha IVF Centre (Anand, Gujarat): Historically a pioneer in Indian surrogacy, Akanksha is known for its high success rates and ethical practices, now operating within the new altruistic framework.
- Advance Fertility & Gyne Centre (Delhi): Led by the award-winning Dr. Kaberi Banerjee, this clinic is a leading name in fertility and surrogacy, known for its integrated approach and strict adherence to legal and ethical standards.
- Jananam Fertility Centre (Chennai): With high success rates and excellent patient reviews, Jananam is a leading choice in South India, known for its expertise and patient-centric approach.
6. Conclusion: Is Altruistic Surrogacy in India Right for You?
India remains a viable and preferred destination for eligible Indian couples and single women seeking surrogacy. The strict legal framework, while limiting, has been designed to promote ethical practices and protect all parties involved. The key to a successful journey lies in understanding the law, meeting all eligibility criteria, and choosing a reputable clinic that prioritizes legal compliance, transparency, and the well-being of both the intended parents and the surrogate mother.
If you are an eligible Indian citizen considering this path, thorough research and consultation with a trusted surrogacy clinic is the first and most important step toward your dream of parenthood.
Frequently Asked Questions – FAQs
Q1: How do I choose a surrogacy clinic, and what factors are most important?
A: Choosing a clinic is a critical step. The most important factors to consider are:
- Legal Compliance: The clinic must be registered under the Surrogacy (Regulation) Act, 2021, and the ART Act, 2021. You should verify this on the official National ART & Surrogacy Registry portal.
- Ethical Practices: Look for a clinic that is transparent about its procedures and costs and demonstrates a strong commitment to the welfare of the surrogate mother, ensuring she is not being exploited.
- Medical Expertise: Inquire about the clinic’s success rates for similar cases, the qualifications of their doctors and embryologists, and the technology they use in their lab.
- Comprehensive Support: A good clinic should offer more than just medical services. This includes legal guidance, psychological counseling, and logistical support for all parties involved.
Q2: What is the estimated total cost of altruistic surrogacy in India?
A: The total cost typically ranges between ₹15 lakhs to ₹25 lakhs ($18,000-$30,000). The price can vary significantly depending on the clinic’s location, the number of IVF cycles required, and other specific medical needs.
Q3: What is included in the surrogacy cost breakdown?
A: The cost is a comprehensive package that covers all legal and medical aspects of the process. A typical breakdown includes:
- Medical Procedures: The cost of the IVF cycle(s), medications, embryo transfer, and diagnostic tests for both the intended parents and the surrogate.
- Surrogate Mother Expenses: All expenses related to the surrogate’s medical care, nutrition, accommodation, and a comprehensive insurance policy for 36 months after birth, as mandated by law.
- Legal & Administrative Fees: This covers the legal agreement, obtaining the necessary certificates of essentiality and eligibility, and other legal processes.
- Hospital Delivery Charges: Fees for the hospital delivery and post-natal care.
- Additional Costs: This may include charges for donor gametes (if needed), embryo freezing, or Preimplantation Genetic Testing (PGT).
Q4: Are “guaranteed” surrogacy packages legal under the new altruistic laws?
A: While clinics may offer packages that include multiple IVF cycles to increase the chances of a successful pregnancy, a “guaranteed baby” is not something that can be promised. The new altruistic law emphasizes the medical process, not the outcome, and any promises of a guaranteed result should be viewed with caution.
Q5: Can a clinic charge extra for things like a C-section or carrying twins?
A: The law prohibits extra payments to the surrogate for these situations. However, the costs for a C-section or medical care for twins would be covered under the surrogate’s medical expenses and insurance, which are paid for by the intended parents. The clinic must be transparent and provide a clear breakdown of how these potential additional medical costs will be handled without providing direct compensation to the surrogate.