Altruistic Surrogacy in India: A Pathway to Parenthood

Becoming a parent is one of life’s most profound journeys. For some, this path includes exploring options like altruistic surrogacy, where a woman carries and gives birth to a child for another individual or couple, not for money, but out of compassion.

In India, surrogacy is legally permitted, but only under very specific conditions. As a team of professionals, we study real-time cases and legal developments so that we can offer easy-to-understand support for your fertility journey. You can learn more, or reach out through our connected platform for legal surrogacy support.

Let’s break it down simply so you can better understand whether this is the right route for you.

What Is Altruistic Surrogacy?

Altruistic surrogacy means the surrogate (the woman who carries the child) does not receive any payment or financial reward for carrying the baby, except for coverage of medical and pregnancy-related expenses.

This is very different from commercial surrogacy, which was banned in India in 2015 due to growing concerns about exploitation and lack of regulation.

In altruistic surrogacy:

The surrogate does it out of goodwill.
She receives no profit, just support for her healthcare and basic needs during pregnancy.

Legal Framework: Surrogacy (Regulation) Act, 2021

India’s surrogacy process is now governed by the Surrogacy (Regulation) Act, 2021 and its corresponding rules. These laws aim to ensure the safety of all parties involved, especially the surrogate mother and the child.

Here’s what the law says, in simplified terms:

Who Can Opt for Surrogacy?

According to the law:

Married Indian couples (man and woman) can pursue altruistic surrogacy.
The woman must be aged between 23 and 50, and the man between 26 and 55.
The couple must be medically certified as infertile or unable to conceive.
Widows and divorcees (aged 35 to 45) may also be eligible, under certain conditions.
The couple must not have any biological or adopted children, unless that child is physically or mentally challenged or suffers from a life-threatening illness.

Who Cannot Opt?

Foreign nationals, LGBTQ+ couples, live-in partners, and single men are currently not allowed to opt for surrogacy in India.
A couple wanting a second child through surrogacy is not permitted unless specific exceptions apply.

Who Can Be a Surrogate?

The law also sets out strict criteria for who can become a surrogate:

She must be a close relative of the intending couple.
Aged between 25 and 35 years.
Must be married and have at least one child of her own.
Can be a surrogate only once in her lifetime.
Must undergo medical and psychological evaluation before approval.

Why These Restrictions?

Many people have questions about the rules. Here’s what they mean:

“Why can’t the surrogate be paid?”

The law is designed to avoid exploitation. By removing financial incentives, it prioritizes safety and ethical boundaries. Only actual medical costs are covered.

“Why must the surrogate have a child of her own?”

This ensures she understands the physical and emotional toll of pregnancy and childbirth.

“Why is there an age limit for intending mothers?”

The age cap is based on medical safety and viability for parenting a young child in the long term.

How Does the Process Work?

The couple applies to a District Medical Board for an eligibility certificate.
A certificate of essentiality is also needed to prove infertility and lack of alternatives.
The surrogate undergoes screening and must consent voluntarily.
The process is carried out only in registered ART clinics.
Legal documentation must be completed before the embryo is transferred.

Need Clarity?

If you're exploring surrogacy and are unsure where to begin, trusted information and the right guidance matter. As a team of professionals, we study real-time cases and legal developments so that we can offer easy-to-understand support for your fertility journey.

You can learn more, or reach out through our connected platform for legal surrogacy support.

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