The passage of the Surrogacy (Regulation) Act, 2021
marks a turning point in India’s reproductive healthcare landscape. With
commercial surrogacy now banned, the law allows only altruistic surrogacy,
fundamentally reshaping who can become parents through this method and under
what conditions.
India, once a hub for international surrogacy, has now
restricted the practice to Indian citizens under a tightly regulated framework
designed to prevent exploitation and uphold ethical standards.
What Is Altruistic Surrogacy?
Under the new law, altruistic
surrogacy refers to an arrangement where a woman voluntarily agrees to
carry a child for an intending couple without receiving any financial
compensation, except for medical expenses and insurance coverage.
This model stands in direct contrast to the commercial
surrogacy practices that flourished in India during the 2000s, where surrogates
were often recruited through middlemen and paid for their services — a system
critics argued encouraged exploitation and commodification of women's bodies.
Who Is Eligible?
The law permits surrogacy only for Indian heterosexual
married couples who:
- Have
been married for at least five years
- Are medically
proven to be infertile
- Do
not already have a living biological or adopted child
Single individuals, live-in partners, members of the LGBTQ+
community, and foreign nationals are not eligible under the current framework.
The intended mother must be between 23 and 50
years old, and the intended father between 26 and 55 years.
Who Can Be a Surrogate?
A surrogate mother must:
- Be a
married Indian woman aged 25 to 35
- Have
at least one biological child of her own
- Serve
as a surrogate only once in her lifetime
- Be a
close relative of the intended couple (though the law does not
explicitly define this term)
- Undergo
comprehensive medical and psychological screening
She must also be covered under health insurance for 36
months post-delivery.
Legal Safeguards and Oversight
The law introduces a range of safeguards, including:
- Mandatory
approval from a District Medical Board
- Registration
of all surrogacy clinics under a national and state-level Surrogacy
Board
- A
legally binding surrogacy agreement detailing roles,
responsibilities, and protections for both the surrogate and the intended
parents
Violation of the provisions, including engaging in
commercial surrogacy or acting as an intermediary, can result in up to 10
years of imprisonment and a fine of ₹10 lakh.
Clinics Adjust to the New Norm
Leading fertility centers in India, particularly in Delhi,
are aligning their operations with the new regulations. SCI IVF Hospital,
known for its ethical approach and affordable treatment options, now offers
legally compliant surrogacy
packages in Delhi, ensuring full transparency and legal support from
start to finish.
According to the hospital, the demand for surrogacy has not
declined — rather, it's shifting towards more informed, law-abiding parents who
value ethical clarity over convenience.
What This Means Going Forward
The move to legalize only altruistic surrogacy in India has
sparked both praise and criticism. Supporters argue that it puts an end to the
exploitative surrogacy market and promotes dignity for all parties involved.
Critics contend that the narrow eligibility criteria leave out deserving groups
such as single parents, same-sex couples, and foreign nationals.
As India steps into a new phase of regulated reproductive
care, one thing is clear: surrogacy is no longer just a medical procedure —
it’s a legally complex, highly controlled pathway to parenthood, requiring
careful planning, legal compliance, and trustworthy medical partners.
For those considering surrogacy in India, especially in cities like Delhi, understanding the law is essential. Clinics like SCI IVF Hospital are leading the way by offering guidance that’s not only affordable but also fully aligned with India’s evolving legal and ethical standards.