Is Commercial Surrogacy Legal in India? 2026 Rules for Intending Parents

The surrogacy journey can be quite overwhelming for intending parents, especially when it comes to the legal aspects surrounding the practice. Given the fact that India has become a popular destination for commercial surrogacy, it is important to understand the current laws and legal requirements that will apply in 2026. In this detailed guide, we will break down the relevant laws that apply to commercial surrogacy in India, ensuring that intending parents are well-informed and up-to-date on the latest developments. Whether you are looking to pursue surrogacy or simply want to learn more about the changing legal landscape, this article will shed light on the important information you need to know.

In the corridors of fertility clinics across Mumbai, Delhi, and Bangalore, the talk has changed. A decade ago, India was called the “surrogacy capital of the world,” where commercial surrogacy was a billion-dollar business. But as we enter the year 2026, the scenario is completely different.

For prospective parents embroiled in the emotional and medical complexities of infertility in the contemporary era, there is one question that overshadows all others:

Is commercial surrogacy legal in India?

The short and definitive answer is No. Commercial surrogacy remains strictly illegal and a crime in India as of 2026. However, the road to parenthood is not shut down; it has merely been redefined within the strict but structured framework of altruistic surrogacy.

This guide provides a detailed analysis of the Surrogacy laws in India 2026, taking into account the historic 2021 rules, the crucial 2024 amendments related to gametes from donors, and the most recent interpretations by the Supreme Court in late 2025.

Understanding Commercial Surrogacy

In order to make sense of the existing laws, it is necessary first to understand what has been prohibited and why.

Definition of Commercial Surrogacy

Commercial surrogacy refers to an agreement whereby the surrogate mother is paid financially for her role, apart from the reimbursement of medical expenses. In this form of surrogacy, the surrogacy is considered a service—basically, “renting a womb.”

Commercial vs. Altruistic Surrogacy

The difference is the foundation of Indian law in 2026:

• Commercial Surrogacy: This involves payment of a fee, profit, or salary to the surrogate mother.
• Altruistic Surrogacy: The surrogate gets no compensation whatsoever. Her only motive is to help a family member or a friend. The intending parents pay only for the medical expenses and insurance.

Common Misconceptions

However, many prospective parents still believe that “grey market” routes are available or that foreigners can circumvent these laws.

Reality Check: The punishment for commercial surrogacy in 2026 is quite harsh, with imprisonment of up to 10 years and fines of up to ₹10 Lakhs. This punishment applies to both the clinic and the intending parents.

Historical Context in India

The History of the “Baby Factory” Era

The period between 2002 and 2015 witnessed the “fertility tourism” phenomenon in India. This was where foreigners came to India for low-cost surrogacy, resulting in the exploitation of poor women who were kept in hostels and closely monitored.

Major Legal Milestones Leading to 2026

• 2015: Commercial surrogacy for foreign nationals is banned by the government.
• 2019: The Surrogacy (Regulation) Bill is introduced
• 2021: The Surrogacy Regulation Act 2021 is enacted, which prohibits commercial surrogacy completely.
• 2024: “A key amendment now permits the use of donor gametes in the event of a medical necessity of one of the partners, overturning a previous ban.”

Surrogacy Regulation Act 2021: The 2026 Scenario

The Surrogacy Regulation Act 2021, which came into force from January 2022, is the foundation of the existing legislation. But for parents in 2026, it is the amendments that are of prime importance.

Overview of the Surrogacy Regulation Act 2021

The main intention of the Act is to control the commercialisation of motherhood, while at the same time enabling ethical surrogacy for those who have a genuine medical need.

Key Provisions

• Ban on Commercial Surrogacy: Absolute ban.
• Regulation of Clinics: All surrogacy clinics are required to be registered with the National Registry.
• National & State Boards: These boards are responsible for ensuring that the laws are strictly enforced.

Eligibility Criteria for Intending Parents (2026 Rules)

This is the most important part of the process for would-be parents. The requirements are very strict.

Citizenship and Residency

• Indian Citizens Only: The surrogacy service is available only to Indian citizens.
• Foreigners/NRIs: Categorically prohibited from arranging surrogacy in
• OCI Cardholders: Based on the latest 2024 notifications, Overseas Citizens of India (OCI) have limited rights and may encounter obstacles; they are normally advised to seek expert legal advice, although the general guideline is in favour of resident Indians.

Marital Status and Age Limits

The law is very specific about who is considered an “eligible couple”:

• Married Couples: They must be legally married.
  • Wife’s Age: 23 to 50 years.
  • Husband’s Age: 26 to 55 years.
• Single Women: Only widows or divorcees are considered.
  • Age: 35 to 45 years.
• Exclusions: Single men, unmarried couples, and live-in partners are not eligible.

2025 Supreme Court Update: In a major ruling towards the end of 2025, the Supreme Court held that age limits cannot be imposed retrospectively on couples who had frozen their embryos before the implementation of the 2021 Act. However, for all of you from 2026 onwards, the age limits above are mandatory.

The “Donor Gamete” Rule (The 2024 Amendment

For several years, the law stipulated that both the egg and sperm had to be from the would-be parents. This was very discouraging for couples who had one partner with no viable gametes.

• The 2026 Rule: Due to the amendment in March 2024, gametes from donors are permitted if the District Medical Board certifies that either the husband or wife has a medical condition that requires it.
• Caveat: A child cannot be conceived from two donors. At least one gamete must be from the prospective parents. (Example: Donor Egg + Husband’s Sperm is acceptable; Donor Egg + Donor Sperm is NOT).

Altruistic Surrogacy in India

Since commercial surrogacy is not an option, the only legal form of surrogacy is altruistic surrogacy.

Distinction from Commercial Surrogacy

In altruistic surrogacy, the relationship is normally familial or personal. The transaction is based on compassion and not commerce.

Legal Implications

• The Surrogate’s Eligibility:
  • Must be a married woman with at least one child of her own.
  • Age: 25 to 35 years.
  • Only once in her lifetime can she be a surrogate.
  • Must be genetically unrelated to the child (she cannot donate her own egg).
• Medical Coverage: The prospective parents are required to buy health insurance for the surrogate mother for a period of 36 months, which includes pregnancy and post-delivery complications.

Pros and Cons for Intending Parents

Pros	Cons
Ethical: Eliminates exploitation of poor women.	Difficulty in Finding Surrogates: Asking a relative or friend is emotionally complex.
Cost: significantly lower (₹15-20 Lakhs typically) as there is no agency fee for the mother.	Relationship Strain: Medical complications can strain family bonds.
Legal Security: Stronger legal protection for the child’s parentage.	Coercion Risks: Family pressure can sometimes force a woman into altruistic surrogacy.

Rights of the Surrogate Child

One of the most progressive aspects of the Surrogacy Regulation Act 2021 is that it clearly defines the child.

Legal Status

The child resulting from a surrogacy arrangement is considered to be the offspring of the couple seeking to conceive.

•Birth Certificate: The name of the parents appearing on the birth certificate shall be that of the would-be parents and not the surrogate mother.

•No Rejection: The intending parents cannot reject the child for any reason, including defects, gender, or health issues. Abandonment is a crime that is punishable by up to 10 years in jail.

Ethical Considerations

Welfare of the Child

The law states that the child has all the rights of a natural-born child, including the right to inherit. This removes the legal limbo that existed for “stateless babies” in the unregulated era.

Identity and Disclosure

Although not fully codified, there are ethical standards that state parents should eventually tell their child about their background, although this is a family decision in 2026.

Role of the Judiciary Body

The judiciary

The Indian judiciary has been very proactive. In the year 2025, the courts made it clear that “the best interest of the child” will prevail over technicalities so that a child born through surrogacy will not be left without legal parents due to bureaucratic red tape.

A Look Ahead: Surrogacy Regulations in 2026 and Beyond

While the future for the Indian surrogacy industry in 2026 appears to be taking shape, it is evident that the industry is much more stable, although under societal pressure to move ahead.

Likely Points of Contention

• LGBTQ+ Rights: By 2026, same-sex partners will be unable to have surrogacy available to them. Following the marriage equality rights movement, cases have been moving forward in the Supreme Court, arguing that the denial of surrogacy for same-sex partners violates Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
• Single Men: The rising debate raises the question of why single women (divorced or widowed) are allowed to become surrogate mothers when single men are denied the same right.

Public Sentiment

In the cities, the negative connotations of surrogacy are diminishing. It is being increasingly consigned to the realm of medical practice rather than moral turpitude. The trend towards altruistic surrogacy has dulled the negative implications of this practice because it is now more acceptable in traditional family circles who previously termed commercial surrogacy ‘selling babies’.

The Ethical Imperative

The essence of the decade is proper implementation. The government is taking measures against underground clinics that involve commercial transaction disguises as “gifts.”

IVF Laws and Their Connection to Surrogacy

Surrogacy is not in isolation, but firmly rooted in the IVF legislation and the 2021 ART (Regulation) Act.

Quick Tour of ART Legislation

The Assisted Reproductive Technology (ART) Act regulates IVF centres and sperm/egg banks. By the year 2026, the ART Act and the Surrogacy Act function in perfect harmony.

• Registration: A surrogacy clinic must register under both Acts to provide surrogacy services.
• Gamete Banks: There are regulations concerning the procurement, storage, and analysis of both eggs and sperm.

Interaction between IVF and Surrogacy

IVF is a Must: Indian surrogacy is solely gestational, which implies that the egg is implanted after IVF, while traditional surrogacy, or surrogacy involving the egg of the surrogate, is prohibited.

The Steps:

• The intended mother or the donor provides the eggs.
• Intended Father (or a donor) donates sperm.
• The creation of an embryo in the lab (IVF/ICSI).
• The embryo is placed in the surrogate’s womb.

Recent Developments

PGT is being increasingly performed in surrogacy cases by 2026. It helps confirm the embryo’s health before the transfer and thus reduces the chances of miscarriage, letting the surrogate be emotionally ready.

Checklist of Documents Required For Surrogacy

Here’s the complete list of documents you would require to obtain the Certificate of Essentiality based on the Surrogacy (Regulation) Act, 2021 (applicable in the year 2026). This Certificate of Essentiality can be likened to the “permission slip” issued by the government that essentially gives you the signal to proceed with the surrogacy process based upon the valid, integral reason for resorting to surrogacy. The way to obtain this final document is multi-tiered.

Phase 1: Documents For The District Medical Board (DMB)

Before applying for a Certificate of Essentiality, you are required to present your Medical Case to the District Medical Board to determine your Medical Indication (medical necessity).

• Cover Letter/Application: The letter is addressed to the Chairperson of the District Medical Board (this will normally be the Chief Medical Officer in your own district).
• Certificate of Medical Indication (Draft): The purpose of this document is to request the board to ratify that the proposed mother is unable to carry the pregnancy. This may be due to the absence of the uterus in the mother or the failure of several IVF attempts, or because the pregnancy may be life-threatening.
• Medical History Records:
  • Chronological record of infertility treatments (IVF/IUI discharge summaries).
  • History of surgeries involving the uterus (hysterectomy, fibroids).
  • Detailed reports to support the medical condition (e.g., ultrasound evidence of Mayer-Rokitansky-Küster-Hauser syndrome, and heart condition reports
• Certificate of Infertility: This is a medical document issued by the Gynaecologist/IVF Specialist who treats the individual, which explains the specific reason for which only surrogate motherhood can act as the
• Identity Proofs: Aadhar Card & PAN Card for both intending parents.
• Marriage Certificate: Proof of marriage legitimacy. a. Passport-size photos: Both would-be parents.

Outcome: You’ll get the Certificate of Medical Indication provided that the DMB approves, which is necessary for proceeding further.

Phase II: Documents Required in Magistrate Court (Parentage Order)

And you will need to have a court order naming you as the parents and not the surrogate.

• Affidavit of Intending Parents: to be done before the First Class Judicial Magistrate.
  • You agree to care for the child.
  • You undertake that you will never abandon the child.
• Affidavit of Surrogate Mother:
  • She admits there are no parental rights.
  • She has made her consent altruistic; no payment will be made.
• Surrogacy Agreement: This is the formal written document drawn up in accordance with the law. This is then signed by the parents wanting the child

Finding: The Court concludes the divorce settlement reached between John and Amanda.

Phase 3: Final Submission to “Appropriate Authority”

This is the final bundle that you will submit to the State/District Appropriate Authority to get your Certificate of Essentiality.

A. Core Certificates (from Phase 1 & 2)

• Certificate of Medical Indication – original from the District Medical Board (Phase 1).
• Order of Parentage and Custody: the authenticated Magistrate Court order (Phase 2).

B. Insurance Documents

• Surrogate Insurance Policy: health insurance bought for the surrogate mother.
• Coverage: must include postpartum complications.
• Duration: 36 months (3 years).
• Beneficiary: The surrogate mother.

C. Affidavits & Undert

* Affidavit of “No Surviving Child”: This is an affidavit that declares that the prospective parents do not have any surviving child, whether biological, adopted, or surrogate.

Exception: if applicants have mentally or physically challenged or life-threateningly ill offspring, a medical certificate should be filed with the application.

Affidavit of Guarantee: Future parents guarantee the payment of all medical bills and counselling expenses for the surrogate mother.

D. Surrogate’s Eligibility Documents (to be submitted with yours)

• Surrogate’s Medical Fitness Certificate: to certify that the surrogate is physically and mentally fit to carry.
• Surrogate’s Marriage Certificate: marriage certificate.
• Surrogate’s Child Birth Certificate: Proof of her having at least one living child. – Proof of Relation: It is the document that establishes she is a close relative to the intending parents.

Free-flow rewrite: Overview Checklist for Your File Folder

At the time of entering into the governmental office, retain your file in the same order as:

1. Employment Application Form (Form 2 or whatever form your state requires).
2. C.M.I. – Original Certificate of Medical Indication.
3. Certified Copy of Court Order of Parentage.
4. Proof of Insurance Policy for 36 months.
5. Affidavits (No surviving child + Financial guarantee).
6. Your personal documents, ID, Marriage Certificate, and photos.
7. Surrogate’s documents include a fitness form, consent, her ID, and proof of her marriage/child.

Note: This checklist is based on the Surrogacy (Regulation) Act, 2021, and procedural norms of 2026. The requirement for documentation slightly differs from state to state, such as Maharashtra and Karnataka. This list shall always be checked with a specialised reproductive lawyer in your jurisdiction.

Conclusion

Looking at India’s surrogacy law in 2026, the era of no-regulation, profit-driven commercial surrogacy is behind us. India is moving toward a model that shields the dignity of the surrogate and rights of the child rather than profit. In simple terms, it means that commercial surrogacy in India requires understanding the changing paradigm within the framework that the Surrogacy Regulation Act, 2021, has set and will shape at least until 2026. With the spotlight now on altruistic surrogacy and the best interest of the child born through such arrangements, the onus lies with intending parents to be aware of the changing legal landscape in this area to make informed choices. Knowledge of these principles helps to provide a compliant, ethical approach toward building a family in India. As laws and attitudes continue to change, this education empowers all parties involved in this important, sensitive process.

FAQ Section

Q1: Is surrogacy available in India in 2026 to OCI (Overseas Citizens of India) cardholders?

Ans. Presently, as of early 2026, restrictions remain under OCI regulations. Despite current litigation attempts, a general mindset leans towards supporting local Indian citizenship. Access to OCIs always needs approval from the concerned government or waits for fresh notifications. Checking with an attorney regarding OCIs can be a wise decision for the latest information regarding eligibility criteria.

Q2: What is the cost of Altruistic Surrogacy in India?

Ans. Since compensation to the surrogate is not allowed, their cost is much less than that in commercial surrogacy. Expect to pay around ₹15 Lakhs to ₹20 Lakhs. That will include IVF, attorney fees, delivery costs at hospitals, and obligatory 36 months of health insurance for the surrogate.

Q3: In India, can a single man have children through surrogacy?

Ans. No. The Surrogacy Regulation Act 2021 excludes single men from seeking surrogacy services. Only married couples and single women who have become widowed or divorced and are between the ages of 35 and 45 years are eligible for surrogacy services.

Q4: What if the surrogate mother changes her mind after the child has been born?

Ans. That is not allowed. Under Indian law, the child, as offspring of the intended parents, has rights by birth, and the surrogate mother signs an instrument of relinquishment of the child. The intending parents’ rights are safeguarded under the act, making cases for custody contested, one-sided against the child.