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Is Surrogacy in India Legal for Foreigners in 2025?

Surrogacy in India has long been a hopeful path to parenthood for many international couples. However, with the enactment of the Surrogacy (Regulation) Act, 2021 and its subsequent amendments, the landscape has significantly changed. In 2025, surrogacy in India is legal only under strict conditions, particularly following the model of altruistic surrogacy. This article explores the current legal status for foreigners, the concept of altruistic surrogacy in India, and what intended parents need to know moving forward.


The Current Legal Status: Can Foreigners Opt for Surrogacy in India in 2025?

As of 2025, surrogacy in India is not permitted for foreigners, including Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs). The Surrogacy (Regulation) Act, 2021 allows only Indian married couples, Indian single women (widow or divorcee), and Indian intending couples who meet specific medical conditions to pursue surrogacy.

The ban on commercial surrogacy and restrictions on foreign involvement were primarily implemented to prevent exploitation, ensure ethical practices, and regulate the booming surrogacy industry.

What is Altruistic Surrogacy in India?

Under the new law, only altruistic surrogacy is allowed. This means:

  • No monetary compensation is given to the surrogate mother apart from medical expenses and insurance.
  • The surrogate must be a close relative of the intending couple.
  • Commercial surrogacy — which includes any form of payment or reward to the surrogate beyond essential medical support — is strictly prohibited.

This legal framework aims to protect the rights of both the surrogate mother and the intended parents, while preventing the exploitation of economically vulnerable women.

Why India Banned Surrogacy for Foreigners

India was once a global hub for affordable and accessible surrogacy services. However, concerns over unethical practices, lack of regulation, and the rise of commercial surrogacy led to several legal reforms.

The government introduced the altruistic surrogacy model to:

  • Regulate the surrogacy process.
  • Safeguard the surrogate mother’s health and dignity.
  • Ensure that surrogacy is pursued out of compassion, not for profit.

Thus, while these reforms support ethical practices, they have made it impossible for foreign nationals to participate in Indian surrogacy programs in 2025.

Surrogacy Cost in India (For Eligible Indian Couples)

Although surrogacy is now altruistic, there are still medical and procedural costs involved. The surrogacy cost in India includes:

  • Fertility treatments like IVF
  • Hormonal injections
  • Medical tests
  • Legal documentation
  • Hospitalization and delivery

At trusted institutions like Surrogacy Centre India, the overall surrogacy cost in India for eligible Indian couples remains significantly lower than in countries where commercial surrogacy is permitted. Surrogacy Centre India ensures compassionate, ethical, and expert care throughout the surrogacy journey.

Surrogacy Centre India: A Trusted Name in Altruistic Surrogacy in India

SCI Hospital in Delhi is a reputed fertility centre that has helped thousands of couple’s experience parenthood. Led by Dr. Shivani Sachdev Gour, the hospital strictly adheres to the guidelines laid out by the Surrogacy (Regulation) Act, 2021.

For eligible Indian couples, Surrogacy Centre India offers:

  • Ethical and transparent surrogacy services
  • Comprehensive infertility evaluations
  • Personalized fertility treatment plans
  • Emotional and legal support throughout the process

Although foreigners can no longer access surrogacy in India, Indian couples can rely on SCI IVF for safe and ethical fertility care.

Conclusion

In 2025, surrogacy in India is not legal for foreigners, including NRIs and OCIs. The current law permits only altruistic surrogacy in India, restricting the process to Indian citizens under specific medical and legal conditions. For those who are eligible, institutions like Surrogacy Centre India continue to offer ethical, expert-guided fertility and surrogacy support.

If you are a foreign couple exploring surrogacy, it is important to consult legal experts and consider alternative countries where surrogacy is permitted under international law.

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Location: Delhi, India

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