For couples dreaming of starting a family through surrogacy in India, the journey is now guided by a clear and compassionate legal framework. With the passing of the Surrogacy (Regulation) Act, 2021, India has shifted from commercial surrogacy to a strictly altruistic model. This means that a surrogate mother carries the child out of goodwill, without receiving any monetary compensation beyond her medical expenses and insurance. While the regulations are comprehensive, they are designed to protect everyone involved, with various certificates acting as crucial milestones on this path to parenthood.

The journey begins with the intending couple, who must first obtain a set of certificates to prove their eligibility. A Certificate of Essentiality is required from the State Appropriate Authority, confirming that they meet the legal conditions to pursue surrogacy. This is supported by a Certificate of Infertility from the District Medical Board, verifying their medical need for gestational surrogacy. Before the procedure can begin, a court-ordered Parentage and Custody Order is issued by a First-Class Magistrate’s court to legally establish the intending couple as the child’s parents. Finally, they must provide an affidavit guaranteeing 36 months of comprehensive health insurance for the surrogate.

The surrogate mother also undergoes a careful certification process to ensure her well-being and willingness. She must be a close relative of the intending couple, between 25 and 35 years old, and have at least one biological child. She must obtain a Certificate of Eligibility from the State Appropriate Authority and provide a Written Consent affirming her voluntary and informed decision to be a surrogate. A registered medical practitioner issues a Medical and Psychological Fitness Certificate to confirm she is physically and mentally capable, and she must provide an affidavit declaring she has never been a surrogate before.

At the heart of this regulated process are the designated authorities. The District Medical Board plays a crucial role by providing the necessary medical certification for both the intending couple and the surrogate. The State Appropriate Authority, meanwhile, issues the official eligibility and essentiality certificates, ensuring all legal criteria are met before the process can move forward. It is mandatory for all procedures to be conducted at registered Assisted Reproductive Technology (ART) clinics, which adhere to strict standards and are overseen by these authorities.

This careful, multi-step certification process ensures that surrogacy in India is not just a medical procedure but a legally and ethically sound journey. It offers a structured and compassionate way for couples to realize their dream of having a family, while upholding the dignity and rights of the surrogate mother.