Who is eligible for surrogacy under the Surrogacy (Regulation) Act 2021?

Question

My spouse and I are considering surrogacy because of medical infertility. Who is legally eligible to opt for surrogacy in India and what are the conditions? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Who is eligible for surrogacy under the Surrogacy (Regulation) Act 2021? is governed in India primarily by Surrogacy (Regulation) Act 2021, Section 4, Surrogacy (Regulation) Act 2021, Section 2 and Assisted Reproductive Technology (Regulation) Act 2021. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 4 of the Surrogacy (Regulation) Act 2021 permits only altruistic surrogacy for medical indications and bans commercial surrogacy entirely, meaning the surrogate cannot receive monetary compensation beyond medical expenses and insurance.

Eligible intending couples must be Indian citizens, legally married for at least five years, with the wife aged between 25 and 50 and the husband between 26 and 55, and must not have any surviving biological, adopted or surrogate child, subject to exceptions for mentally or physically challenged children.

Section 2 defines an eligible surrogate as a close relative of the intending couple, married with a child of her own, aged between 25 and 35, who acts as a surrogate only once in her lifetime.

The intending couple must obtain a certificate of essentiality and a certificate of eligibility from the appropriate authority before proceeding, based on medical indication certified by a District Medical Board.

The Assisted Reproductive Technology (Regulation) Act 2021 separately governs the IVF clinics and ART banks used in the process and requires their registration with the National Registry.

What to do next: 1) Obtain a medical certificate of infertility from a registered District Medical Board; 2) Identify an eligible close relative willing to act as an altruistic surrogate; 3) Apply for the certificate of essentiality and certificate of eligibility from the appropriate authority; 4) Proceed with the procedure only at a registered ART clinic or surrogacy clinic under a written surrogacy agreement.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Surrogacy (Regulation) Act 2021, Section 4 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.