Surrogacy has always been a deeply debated subject in India. With the passing of the Surrogacy (Regulation) Act, 2021 and the subsequent Rules (2022, amended in 2023–24), the legal landscape is clearer, but also much stricter than before. Let’s look at who actually needs surrogacy and who is eligible under the current law.

Who Needs Surrogacy?

Surrogacy is an option when natural conception or other assisted reproductive technologies (ART), such as IVF, are not possible or safe. It is especially relevant for:

• Women with absent uterus, congenital anomalies, or surgical removal of the uterus.
• Women with severe medical conditions that make pregnancy life-threatening.
• Cases of repeated IVF failures or multiple miscarriages.

Who Can Avail Surrogacy in India?

According to the current law, surrogacy in India is restricted and altruistic only:

• Intending Couple: A legally married Indian man (26–55 years) and woman (23–50 years) with a medical certificate of infertility from a District Medical Board. They should not have a living child (biological, adopted, or surrogate-born), except in cases of serious disability or life-threatening illness in the child.
• Intending Woman: An Indian woman who is either a widow or divorcee.
• OCI Card Holders

Surrogate Eligibility

The surrogate must be:

• An Indian woman aged 25–35.
• Ever-married, with at least one living child of her own.
• A first-time surrogate (law permits surrogacy only once).
• Medically and psychologically fit, and cannot use her own eggs.

The Bottom Line

Surrogacy is no longer open to everyone. While it provides hope to many couples with severe infertility, the law deliberately restricts its scope to prevent exploitation.