Surrogacy Eligibility Criteria in India (2026)

In India you don't establish your own eligibility for surrogacy. It gets certified, on paper, by named authorities, and until that paper exists nothing can start. That catches people out, because they've usually worked out for themselves that they meet the criteria, and they have, and it still isn't enough.

The terms come from the Surrogacy (Regulation) Act, 2021 and the 2024 Amendment Rules that followed it. Legally married Indian couples with a certified medical need can go ahead. So can widowed or divorced Indian women aged 35 to 45. Nobody else can, at least not as the law stands. What follows is the certification side of it - the medical indication, the certificates, and the paperwork you'll be asked to produce.

Check My Eligibility — Book an Online Consultation → An honest, individual assessment of your circumstances. No guaranteed-outcome claims.

Surrogacy eligibility in India: a quick summary

Three things get assessed, and they're assessed separately, which is worth knowing because people tend to think of eligibility as one single yes or no.

• Married couples: Legally married Indian citizens, married five years or more, with a certified medical need.

• Single women: Widowed or divorced Indian women aged 35 to 45. No other single applicant qualifies.

• Surrogate mother: A close relative of the couple. An ever-married Indian woman aged 25 to 35 who already has a child of her own.

We've put the full eligibility table on our complete guide on surrogacy law in India, and that's where you'll find the detailed age rules, the marital-status rules, the exact conditions attached to each category, and the categories that aren't currently permitted at all.

Honestly, though, the criteria are rarely what stops people. It's the medical indication, the certificates and the documents, and that's what the rest of this page is about.

What medical conditions qualify for surrogacy?

Surrogacy here is need-based, and that word is doing real work, because you can't simply choose it. A District Medical Board has to certify a condition that makes carrying a pregnancy impossible or unsafe for you, and until that certificate is issued you aren't eligible, however comfortably you meet everything else.

Recognised medical indications commonly include the following.

• Absence or abnormality of the uterus: MRKH syndrome and a unicornuate uterus are examples.

• Surgical removal of the uterus, that is, a hysterectomy.

• Repeated IVF failures despite appropriate treatment.

• Recurrent pregnancy loss or repeated miscarriage.

• A medical condition that makes pregnancy life-threatening for the intending mother.

The 2024 Amendment Rules widened the definition of infertility so that conditions putting the mother's life at serious risk during pregnancy now fall inside it. They also allow one donor gamete, a donor egg or donor sperm, where a District Medical Board certifies it as a medical necessity. Both partners needing donor gametes, though, is still not permitted.

If you aren't sure your own condition clears that threshold, our online consultation can give you an individual view.

How is eligibility for surrogacy proven? The certificates and documents

Meeting the criteria gets you to the starting line and no further. The certification has to exist on paper before treatment begins, and it comes in a set order that matters more than you'd think.

1. Medical indication: A District Medical Board certifies the medical condition that makes surrogacy necessary. This one comes first. Without it, nothing else proceeds.

2. Eligibility of the couple and the surrogate: The Certificate of Eligibility confirms that the intending couple, or the single woman, and the chosen surrogate meet the age and legal criteria set out in the Act.

3. Parentage order from the court: A Magistrate's parentage order establishes the legal parentage and custody of the child. Under the Act the child is deemed the biological child of the intending parents.

4. Certificate of Essentiality from the Board: The appropriate authority issues this one last. It confirms medical necessity. It also confirms that the conditions have been met, including the mandatory 36-month surrogate insurance covering postpartum and pregnancy-related complications, before treatment proceeds.

Other documents you will typically need

Intending parents are usually asked for the following alongside the certificates above.

• Marriage certificate and proof of at least five years of marriage.

• Age and identity proof for both partners.

• Medical and psychological fitness certificate for the surrogate.

• Informed written consent from the surrogate.

• A notarised surrogacy agreement approved by the Surrogacy Board.

• Proof of surrogate insurance coverage for the mandated period.

Paperwork stalls more surrogacy journeys than medicine does. Usually it is the sequence rather than a missing document. Work only with clinics registered under the National ART and Surrogacy Board. Prepare the paperwork early. Our step-by-step surrogacy process guide walks through the full journey.

Do NRIs and OCI cardholders qualify?

NRIs who hold Indian citizenship are eligible on the same terms as resident Indian couples. OCI cardholders are now recognised and are generally treated on par with Indian citizens. An OCI card is not automatic approval. Every criterion still applies. The same certificates described above still apply. OCI applicants typically need FRRO special permission and additional documentation. Our dedicated NRI & OCI eligibility page has the full picture.

Our commitment to transparency

Proving eligibility for surrogacy is document-heavy. The rules are strict. At Oji Surrogacy & IVF Care we commit to the following.

• 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 your privacy throughout the process.

This page provides general information about surrogacy eligibility in India. It is not a substitute for personalised medical or legal advice. Laws and rules change. They are also subject to court interpretation. Always confirm the current position for your situation.

Find out where you stand with Oji Surrogacy & IVF Care

You may be unsure whether you meet the eligibility criteria. You may be unsure which documents you need. We offer personalised, honest online consultations, with guidance based on your medical circumstances and no misleading claims.

Check Your Eligibility — Book an Online Consultation → Individual assessment • Transparent information • Guidance based on your circumstances