"After 8 years of marriage and multiple failed IVF attempts due to my uterine issues, we turned to surrogacy as our last hope. SheIVF guided us through the complex legal process of finding a suitable surrogate (my cousin) and obtaining the mandatory court order. The entire journey took 16 months. Today, we have beautiful twin girls who are genetically ours, carried by a loving family member. The emotional and legal support from SheIVF made this possible despite the challenging regulatory environment."
Surrogacy in India 2026
Complete Legal Guide for Couples & Single Parents - SheIVF Expert Assistance
Understanding Surrogacy in India 2026
Legal pathway for intended parents under India's Surrogacy Regulation Act 2021
What is Surrogacy?
Surrogacy is an assisted reproductive technology (ART) where a woman (the surrogate) carries and delivers a baby for intended parents. In India, surrogacy is now strictly regulated under the Surrogacy (Regulation) Act, 2021, permitting only altruistic gestational surrogacy arrangements. This means the surrogate has no genetic link to the child and receives no commercial payment beyond medical expenses and insurance.
Key Legal Framework: India permits only gestational surrogacy (surrogate has no genetic link) and strictly prohibits commercial arrangements. The surrogate must be a close married relative of the intended parents with at least one healthy biological child of her own.
Why Choose India for Surrogacy?
Affordable Option
60-70% lower than USA, Canada options
World-Class Facilities
Advanced IVF labs & experienced specialists
Clear Legal Framework
Well-defined laws for parentage rights
Ethical & Altruistic
Ethical arrangement with close relative surrogate
Primary Advantage: India offers a balanced combination of advanced medical technology, experienced fertility specialists, ethical practices, and affordable costs with proper legal safeguards for intended parents.
Eligibility Criteria for Surrogacy in India 2026
Who can pursue surrogacy under current Indian laws
Who Can Pursue Surrogacy in India?
| Category | Eligibility Status (2026) | Key Requirements |
|---|---|---|
| Indian Married Couples | Eligible | Medical infertility proof, married for 5+ years, age 23-50 (woman), 26-55 (man) |
| Divorced/Widowed Indian Women | Eligible | 35-45 years, medical infertility proof, no existing child |
| Foreign Married Couples | Conditional | Only from countries where surrogacy is legal, married for 5+ years |
| Never Married Individuals | Not Permitted | Only married couples or divorced/widowed women eligible |
| Single Men | Completely Banned | Not permitted under any circumstances |
Mandatory Requirements for All Intended Parents:
- Medical certificate proving infertility or condition requiring surrogacy
- At least one intended parent must provide genetic material (egg/sperm)
- Surrogate must be close married relative with own child
- Court order must be obtained before embryo transfer
- Insurance coverage for surrogate (medical complications)
- Certificate of Essentiality & Eligibility from District Medical Board
Step-by-Step Surrogacy Process in India
From eligibility verification to bringing your child home
Step 1: Medical Evaluation & Eligibility (1-2 Months)
Comprehensive Assessment: Fertility specialist confirms medical need for surrogacy
Legal Verification: Confirm eligibility as per Surrogacy Regulation Act 2021
Genetic Material Collection: Egg retrieval from intended mother/donor and sperm collection
Step 2: Find Altruistic Surrogate (2-4 Months)
Close Relative Requirement: Surrogate must be married close relative (not immediate family)
Medical Screening: Surrogate undergoes comprehensive health assessment
Own Child Requirement: Surrogate must have at least one healthy biological child
Step 3: Legal Process & Court Order (4-8 Months)
Surrogacy Agreement: Draft comprehensive legal agreement
District Medical Board: Obtain Certificate of Essentiality & Eligibility
Court Petition: File for mandatory parentage order before embryo transfer
Step 4: IVF & Embryo Transfer (1-2 Months)
IVF Procedure: Fertilization of eggs with sperm in laboratory
Embryo Development: Culture embryos for 3-5 days
Embryo Transfer: Transfer to surrogate after court order approval
Step 5: Pregnancy & Birth (9-10 Months)
Pregnancy Monitoring: Regular ultrasounds and medical check-ups
Birth Preparation: Hospital arrangements and birth plan
Child Birth: Delivery with intended parents present, immediate parentage rights
Total Timeline: The complete surrogacy journey in India typically takes 14-18 months from initial consultation to bringing your child home. Legal processes can account for 4-8 months of this timeline.
Cost Breakdown for Surrogacy in India 2026
Transparent pricing for intended parents in Delhi NCR
Surrogacy Costs in Delhi NCR (2026)
| Expense Category | Estimated Cost (₹) | What it Includes |
|---|---|---|
| IVF Treatment Cycle | 4,00,000 - 6,00,000 | Ovarian stimulation, egg retrieval, fertilization, embryo culture, transfer |
| Surrogate Medical Costs | 2,00,000 - 3,00,000 | Antenatal care, medications, check-ups, insurance, medical expenses |
| Surrogate Expenses | 1,00,000 - 2,00,000 | Living expenses, nutrition, well-being during pregnancy (altruistic) |
| Legal Documentation & Court Order | 1,00,000 - 2,00,000 | Surrogacy agreements, court petitions, birth certificate registration |
| Hospital Delivery Charges | 1,50,000 - 3,00,000 | Normal delivery or C-section charges, neonatal care |
| Total Estimated Cost | 8,00,000 - 14,00,000 | For one complete cycle |
Important Note: These costs are estimates and can vary based on clinic reputation, location, medical complications, and legal requirements. The cost represents 60-70% savings compared to surrogacy in USA ($120-150k), Canada ($60-80k CAD), or UK (£70-100k).
Legal Considerations for Surrogacy in India 2026
Critical legal requirements under Surrogacy Regulation Act 2021
Eligibility Restrictions
Only married couples (Indian/foreign), divorced/widowed Indian women with medical need.
Court Order Mandatory
Parentage order from Indian district court required before embryo transfer.
Genetic Link Required
At least one intended parent must provide genetic material (egg/sperm).
Key Legal Documents Required:
- Medical Certificate: Proof of infertility/need for surrogacy
- Marriage Certificate: For married couples (5+ years marriage)
- Certificate of Essentiality: From District Medical Board
- Certificate of Eligibility: Proof meeting all legal criteria
- District Court Parentage Order: Legal recognition as parent before embryo transfer
- Notarized Surrogacy Agreement: Signed by intended parents, surrogate, and clinic
- Insurance Policy: For surrogate's medical coverage
Important Legal Restrictions: Commercial surrogacy is completely banned in India. The surrogate must be a close married relative (not immediate family). Single men and never married individuals are not eligible. Foreign couples must be from countries where surrogacy is legal and provide embassy clearance.
Why Choose India for Surrogacy?
Key advantages that make India a preferred destination
World-Class Medical Facilities
India is home to some of the best IVF and surrogacy clinics globally, equipped with:
- Cutting-edge IVF labs (ICSI, PGD, embryo freezing)
- Highly trained reproductive endocrinologists
- Advanced neonatal care for surrogate pregnancies
- ISO certified fertility centers with high success rates
Experienced & Compassionate Surrogates
Indian surrogates undergo strict medical and psychological screening, ensuring:
- Good physical & mental health
- Previous successful pregnancies
- Full compliance with legal guidelines
- Comprehensive counseling and support
Well-Defined Legal Framework
India's surrogacy laws provide clear guidelines for all parties:
- Only altruistic surrogacy permitted (no commercial arrangements)
- Mandatory court order for parental rights
- Insurance coverage for surrogate medical complications
- Clear parentage establishment from birth
Comprehensive Support Services
SheIVF provides end-to-end support throughout the journey:
- Legal assistance for documentation & court approvals
- Emotional counseling for intended parents & surrogate
- Coordination between medical, legal, and administrative teams
- Post-birth support and documentation assistance
Top 10 FAQs on Surrogacy in India
Everything intended parents need to know about surrogacy in India 2026
Answer: Yes, but with strict conditions:
- Only altruistic surrogacy is permitted (no commercial arrangements)
- Surrogate must be a close married relative of intended parents
- Only married couples (Indian/foreign) and divorced/widowed Indian women are eligible
- Mandatory court order for parentage rights before embryo transfer
- Commercial surrogacy agencies and brokers are banned
The Surrogacy Regulation Act 2021 governs all surrogacy arrangements in India.
Answer: Surrogacy in India typically costs ₹8-14 lakhs for a complete cycle:
- IVF Treatment: ₹4-6 lakhs (including egg retrieval, fertilization, embryo transfer)
- Surrogate Expenses: ₹3-5 lakhs (medical costs + altruistic expenses)
- Legal Fees: ₹1-2 lakhs for court orders and documentation
- Hospital Delivery: ₹1.5-3 lakhs for normal/C-section delivery
Cost Comparison: This represents 60-70% savings compared to USA ($120-150k), Canada ($60-80k CAD), or UK (£70-100k).
Answer: Eligibility under current Indian law:
- Indian Married Couples: With proven infertility, married for 5+ years
- Divorced/Widowed Indian Women: Aged 35-45, medical infertility proof
- Foreign Married Couples: From countries where surrogacy is legal, married 5+ years
- Not Eligible: Single men, never married individuals, unmarried couples
All intended parents must obtain a Certificate of Essentiality from the District Medical Board.
Answer: The complete surrogacy journey typically takes 14-18 months:
- Eligibility & Surrogate Matching: 3-6 months
- Legal Process & Court Order: 4-8 months (most variable timeframe)
- IVF & Embryo Transfer: 1-2 months
- Pregnancy: 9 months
- Birth & Documentation: 1-2 months
Timeline Factors: Court schedules, surrogate availability, and medical synchronization can extend the timeline.
Answer: Success rates for surrogacy in India are generally 55-70% live birth rate per embryo transfer:
- With own genetic material: 55-70% success rate
- With donor eggs/sperm: 60-75% success rate
- Cumulative Success: Over multiple transfers, success rates can reach 80-90%
- Factors Affecting Success: Age of egg provider, embryo quality, surrogate health, clinic expertise
Reputable clinics like SheIVF with advanced embryology labs typically achieve higher success rates.
Answer: Yes, but with specific conditions:
- Married Couples Only: Must be legally married for 5+ years
- Country Restrictions: Must be from a country where surrogacy is legal
- Embassy Clearance: Must obtain clearance from their embassy in India
- Genetic Link: At least one parent must provide genetic material
- Legal Process: Must follow all Indian legal requirements including court order
Important: Foreign intended parents must work with both Indian legal counsel and their home country embassy to ensure smooth citizenship and travel documentation for the baby.
Answer: This is a significant challenge under current Indian law:
- Legal Requirement: Surrogate must be married close relative (not immediate family like mother/daughter/sister)
- Options if No Relative:
- Explore if extended family includes eligible relative (cousin, sister-in-law, etc.)
- Consider international surrogacy options where surrogate matching is permitted
- Explore adoption as alternative path to parenthood
- Commercial Matching Illegal: Commercial surrogate matching agencies are illegal in India
This requirement is often the most challenging aspect for intended parents pursuing surrogacy in India.
Answer: Yes, absolutely mandatory:
- Before Embryo Transfer: Court order establishing parentage must be obtained before any embryo transfer
- Legal Recognition: This order legally recognizes intended parents as child's parents from conception
- Birth Certificate: Enables birth certificate with intended parents' names as legal parents
- Non-Negotiable Requirement: This is mandated by the Surrogacy Regulation Act 2021
The court order process typically takes 4-8 months and requires legal representation.
Answer: Several support options are available:
- Professional Counseling: Therapy for intended parents and surrogate to manage stress and expectations
- Support Groups: Both online and in-person groups for intended parents
- Clinic Support Services: Many fertility clinics offer counseling and support throughout the journey
- Online Communities: Forums and social media groups for surrogacy journeys
- Legal Counseling: Guidance through complex legal processes
SheIVF Support: We provide comprehensive emotional support services including counseling, support groups, and connections to surrogacy communities.
Answer: Several alternative paths to parenthood exist:
- IVF with Own Eggs/Sperm: If medically possible without surrogacy
- Egg/Sperm Donation: Using donor genetic material with IVF
- Adoption: Through legal adoption channels
- Foster Parenting: Temporary or permanent care for children in need
- International Surrogacy: In countries with different eligibility criteria
Consultation Recommended: Each alternative has different medical, legal, emotional, and practical considerations. We recommend consultation with our specialists to explore the best option for your specific situation.
Surrogacy Success Story
Real experiences from our SheIVF families
Rohan & Priya
38 & 36 years, Mumbai
Success: 2025Get Personalized Surrogacy Consultation
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Why Choose SheIVF for Surrogacy?
- Legal Expertise: In-house legal team for court orders, agreements, and parentage rights
- High Success Rates: 55-70% live birth success rates with advanced IVF technology
- Comprehensive Support: End-to-end guidance from medical, legal, and emotional perspectives
- International Experience: Expertise in handling foreign intended parents' cases
- Transparent Pricing: Detailed itemized costs with no hidden charges
- Ethical Practices: Strict adherence to Indian surrogacy laws and ethical guidelines