Surrogacy (Regulation) Act, 2021 – Rules, Rights & FAQs
The Surrogacy (Regulation) Act, 2021 was passed to regulate surrogacy in India, ensuring it is ethical, transparent, and free from exploitation. The law allows only altruistic surrogacy (no profit, only medical and insurance cost coverage) and prohibits commercial surrogacy (renting wombs for money).
Key Provisions
- Only altruistic surrogacy allowed.
- Commercial surrogacy is banned.
- Available only for Indian married couples where:
- Wife: 23–50 years, Husband: 26–55 years.
- Couple must be childless and certified infertile.
- Surrogate Mother must be:
- A married woman (25–35 years) with her own child.
- A close relative of the intending couple.
- Can act as surrogate only once in her lifetime.
- Foreigners, NRIs, PIOs, and OCIs cannot use surrogacy in India.
- National and State Surrogacy Boards regulate the process.
- Penalties: Up to 10 years in jail + ₹10 lakh fine for violations.
Surrogacy in India vs Other Countries
| Country | Type of Surrogacy Allowed | Who Can Access | Commercial Surrogacy | Key Notes |
|---|---|---|---|---|
| India | Only altruistic | Married Indian couples (childless & infertile) | Banned | Surrogate must be a close relative, one-time only |
| USA | Both altruistic & commercial (varies by state) | Married couples, singles, LGBTQ+ | Allowed in many states | One of the largest surrogacy markets |
| UK | Only altruistic | Married couples, civil partners, same-sex couples | Banned | Expenses can be reimbursed, but not profit |
| Canada | Only altruistic | Married couples, singles, LGBTQ+ | Banned | Surrogacy agreements legal, only expenses reimbursed |
| Ukraine | Both types allowed | Married heterosexual couples only | Allowed | Popular surrogacy destination, especially for foreigners |
| Thailand | Only altruistic (since 2015) | Only married Thai couples | Banned | Ban imposed after foreigner misuse scandals |
This comparison shows India's law is one of the strictest in the world – only altruistic surrogacy, only for Indian married couples, and only with close relatives as surrogates.
FAQs – Surrogacy
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1. What is surrogacy?
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When a woman carries and delivers a baby for another couple who cannot conceive naturally.
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2. What kind of surrogacy is legal in India?
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Only altruistic surrogacy – where the surrogate mother gets no payment except for medical costs and insurance.
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3. Who can opt for surrogacy in India?
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Only married Indian couples (wife 23–50, husband 26–55) who are childless and medically certified as infertile.
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4. Can single parents, live-in couples, or same-sex couples use surrogacy?
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No. The law only permits heterosexual married Indian couples.
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5. Who can become a surrogate mother?
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An Indian married woman, aged 25–35. Must have at least one biological child of her own. Must be a close relative of the couple.
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6. Can a woman be a surrogate more than once?
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No, only once in her lifetime.
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7. Can surrogacy be advertised or promoted?
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No. Advertising or marketing surrogacy services is strictly prohibited.
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8. Do surrogate mothers receive any payment?
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No extra payment. Only medical expenses and insurance are covered.
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9. Is surrogacy allowed for NRIs or foreigners in India?
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No. The Act clearly bans surrogacy for foreigners, NRIs, OCIs, and PIOs.
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10. What happens if someone violates this law?
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They may face up to 10 years in prison and a fine up to ₹10 lakh.
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11. Which authority regulates surrogacy?
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The National Surrogacy Board and State Boards regulate all approvals and procedures.
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12. Why was this law needed?
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To stop exploitation of poor women, ban the "rent-a-womb" industry, and ensure ethical practices for couples genuinely in need.
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