A comprehensive understanding of non-commercial altruistic surrogacy under the Surrogacy (Regulation) Act 2021, surrogate welfare, and legal parentage rights.
Altruistic surrogacy is where a woman carries and delivers a baby for intended parents without being paid anything beyond her genuine medical, insurance and pregnancy-related expenses. She isn't doing it for money, and under Indian law she can't be. It's the only form of surrogacy the Surrogacy (Regulation) Act, 2021 permits, and if you've read anything about surrogacy abroad, that difference is probably the biggest one you'll run into. What follows is what it means, how it works, and why the law was written this way.
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It means she carries a pregnancy for someone else out of goodwill and receives only her legitimate expenses. The word altruistic is pointing at motivation, and that's really the whole idea: she's helping another person or couple build a family, and she isn't earning from it.
The Act defines it as surrogacy with no monetary incentive for the surrogate, apart from a necessary allowance covering medical costs, insurance and other prescribed expenses. Only gestational surrogacy is used here, which means she carries an embryo created through IVF and has no genetic link to the child at all.
That's the only lawful model in India. Our surrogacy law in India page has the full legal framework.
The difference is money, and everything else follows from it. A commercial surrogate is paid a fee for carrying the child. An altruistic surrogate isn't, and receives only her documented expenses and her insurance.
Commercial surrogacy is banned outright in India and carries serious criminal penalties. Any payment to a surrogate beyond her approved expenses is illegal. Our surrogacy cost in India page explains how legitimate expenses are structured.
India moved to an altruistic-only model because the commercial one wasn't protecting the women in it. Money changes what consent means when somebody needs the money, and the law is fairly blunt about not wanting surrogacy to become a transaction. The aims are these.
Women who might otherwise be pressured into surrogacy for money need protecting from that pressure.
The surrogate's own rights and welfare come first.
The child's legal parentage and rights have to be secure from birth.
And surrogacy stays inside trusted family circles instead of turning into a paid marketplace.
That is why the surrogate has to be a close relative of the intending couple, and why the consent, screening and documentation rules are as strict as they are.
Three parties come together in an altruistic surrogacy arrangement.
The intended parents: An eligible married couple, or in specific cases a widowed or divorced woman, with a certified medical need for surrogacy.
The surrogate: A close relative of the couple, an ever-married woman aged 25 to 35 with a child of her own, acting purely to help.
The child: Deemed the biological child of the intended parents from birth, with full associated rights.
Our eligibility criteria and who can be a surrogate pages set out exactly who qualifies.
Every journey is individual. The path generally runs as follows.
Medical assessment: A District Medical Board certifies the medical condition that makes surrogacy necessary.
Confirming eligibility: The intended parents and the surrogate are assessed against the legal criteria.
IVF and embryo creation: An embryo is created using the intended parents' eggs and sperm, or one donor gamete where medically certified.
Legal documentation: The required certificates, agreements and the court parentage order are put in place.
Embryo transfer and pregnancy: The embryo is transferred to the surrogate, who is supported and insured throughout.
Birth. The child is recognised as the intended parents' from birth.
Our surrogacy process, step by step guide has the detailed walkthrough.
It is a need-based option. It is considered when a woman cannot safely carry a pregnancy herself. Recognised medical indications commonly include absence or abnormality of the uterus, such as MRKH syndrome. Surgical removal of the uterus. Repeated IVF failures. Recurrent pregnancy loss. A condition that makes pregnancy life-threatening. A District Medical Board must certify the need in every case. Our eligibility criteria page has more.
Her wellbeing comes first, and the law puts that in writing rather than leaving it to good intentions. She must:
Give informed, written consent, free from pressure or coercion.
Be covered by insurance for 36 months for postpartum and pregnancy-related complications.
Receive only her genuine medical and pregnancy-related expenses, never a fee.
Our risks & complications page covers the medical realities involved.
Understanding altruistic surrogacy is the first step in a sensitive, deeply personal decision. At Oji Surrogacy & IVF Care we commit to the following.
No guaranteed pregnancy or treatment outcomes
Individual medical and legal assessment, not one-size-fits-all promises.
Evidence-based information, reviewed by qualified professionals.
Legal information based on applicable regulations, explained clearly.
A clear explanation of what an online consultation can and cannot provide.
Respect for the privacy of both intended parents and surrogates.
This page provides general information about altruistic surrogacy in India. It is not a substitute for personalised medical or legal advice. Laws and rules change. They are subject to interpretation. Always confirm the current position for your situation.
If you would like to understand whether altruistic surrogacy is right for your situation, we offer personalised, honest online consultations, with clear, evidence-based guidance and no misleading claims.
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