Are You Eligible to Begin?
The law now specifies clear criteria for intended parents. Meeting these requirements is the first and most critical step in your journey.
Indian Citizenship
Both prospective parents must be citizens of India. Surrogacy for foreign nationals is no longer permitted.
Established Marriage
You must be in a legally recognized marriage for at least 5 years before pursuing surrogacy.
Defined Age Range
The intended mother must be between 21-50 years old, and the intended father between 26-55 years old.
Medical Necessity
A certificate of medical indication proving infertility is mandatory. Surrogacy cannot be pursued for personal choice or social reasons.
Understanding "Altruistic" Surrogacy
The law mandates a shift from commercial to altruistic surrogacy. This fundamental change focuses on protecting the surrogate and emphasizing ethical practices.
❌Prohibited: Commercial
- Payment: Involves payment to the surrogate beyond medical costs, treating it as a service.
- Legality: Now illegal in India to prevent exploitation.
- Recurrence: Could lead to women serving as surrogates multiple times.
✅Permitted: Altruistic
- Payment: No monetary compensation. Only medical expenses and insurance coverage are provided.
- Legality: The only legal form of surrogacy in India.
- Recurrence: A woman can be a surrogate only once in her lifetime.
Your Path to Parenthood
The journey involves distinct legal and medical stages. Here’s a simplified overview of the steps you'll take with your chosen clinic.
Initial Consultation & Screening
Medical and psychological screening for both intended parents and the surrogate to ensure suitability for the process.
Legal Agreements
Drafting and signing comprehensive legal agreements that protect the rights of the intended parents, the surrogate, and the child.
Medical Procedures (IVF)
The In-Vitro Fertilization (IVF) process is initiated, involving egg retrieval, fertilization, and embryo transfer to the surrogate.
Pregnancy & Care
Consistent medical care and monitoring for the surrogate throughout the pregnancy term to ensure a healthy outcome.
Birth & Parental Order
Following the birth of the child, a legal order is obtained from the court that officially recognizes the intended parents as the legal parents.
Your Rights are Non-Negotiable
The law provides a framework of rights and regulations that every certified clinic must uphold. These are not guidelines; they are mandatory requirements to ensure ethical and safe practices for everyone involved.
What Makes a Trusted Clinic?
Choosing the right clinic is the most important decision you'll make. A trustworthy partner is built on a foundation of legal, ethical, and medical excellence, ensuring your peace of mind throughout the journey.