Yes, in one form only. Altruistic surrogacy is lawful. Commercial surrogacy is banned outright by the Surrogacy (Regulation) Act, 2021. No fee reaches the surrogate, and no salary either. What the intended parents cover is her medical expenses, whatever the pregnancy itself costs, and the insurance the law makes compulsory. Our surrogacy law in India page sets out what the Act permits and what it forbids.
Three separate layers decide it. The intended parents have to qualify. A medical need has to be certified. And the surrogate has to meet criteria of her own. For a married couple that means legal marriage, Indian citizenship, five years of marriage behind them, and a certified medical condition. A widowed or divorced woman between 35 and 45 may qualify too. Each of those layers is broken down in full on our eligibility criteria page.
Goodwill is the whole basis of it, a woman carrying a baby for the intended parents with nothing in it for her. No fee, then, and no profit either. Her medical costs are met, her insurance is met, her pregnancy-related expenses are met, and beyond those the money stops. Anything else is unlawful in India. Our what is altruistic surrogacy page has more on how that works.
The law is narrow here. She has to be:
a close relative of the intending couple
an ever-married Indian woman, aged between 25 and 35
already a mother, with at least one biological child of her own
fit medically and psychologically, established on each count
Then the limit: a woman may do this once in her life, and once only. Each condition is taken separately on our who can be a surrogate page.
a close relative of the intending couple
an ever-married Indian woman, aged between 25 and 35
already a mother, with at least one biological child of her own
fit medically and psychologically, established on each count
Then the limit: a woman may do this once in her life, and once only. Each condition is taken separately on our who can be a surrogate page.
There is no one figure that can define the cost of surrogacy in India. As of 2026, the cost falls between ₹15 lakh and ₹35 lakh. However, the cost depends on the clinic you visit, the city you live in, how many IVF cycles are needed, and the intended parent’s and surrogate’s health. It is important to keep in mind that when we mention the cost of surrogacy in India, it does not mean the payment to the surrogate but usually covers the medical expenses of the surrogate, legal expenses and all the costs incurred for all the medical reasons of the surrogate.
Around 12 to 24 months, and that figure does a lot of work, because the screening, the legal approvals, the IVF cycles and the pregnancy all sit inside it. Now, no two journeys move at one speed. An extra IVF cycle adds months, and so does a legal step that will not clear. Our surrogacy process page sets out each stage.
In most cases, yes. An NRI holding Indian citizenship qualifies on the terms a resident couple would. OCI cardholders are recognised now, and generally treated on par with Indian citizens. Having said that, the paperwork is where the difference shows, because an OCI applicant usually needs FRRO special permission and extra documents. We have listed those on our NRI & OCI eligibility page.
Yes. Deemed the biological child of the intended parents from birth, with no parental rights held by the surrogate at any stage. A Magistrate's parentage order confirms it. The birth certificate carries the intended parents' names.
Every risk a pregnancy carries, surrogacy carries, and IVF adds a few of its own. Pre-eclampsia comes up. So does gestational diabetes, and preterm birth, and delivery by caesarean. Serious complications are uncommon, and we would rather say so plainly. Careful screening lowers the risk. Single-embryo transfer lowers it. Monitoring that does not let up lowers it again. Our risks & complications page goes through each honestly.
No, and the law is blunt about it. Paying a surrogate a fee is illegal in India. Her documented medical expenses, her pregnancy-related costs, the mandatory 36-month insurance, and nothing after that. Pay her beyond it and that is a criminal offence under the Surrogacy (Regulation) Act, 2021.
