Who Can Be a Surrogate Mother

The Surrogacy (Regulation) Act, 2021 is specific about who's allowed to carry, and it's a narrower list than most people expect. She has to be a close relative of the intending couple. She has to be an ever-married Indian woman between 25 and 35 who already has at least one biological child of her own. She has to be medically and psychologically fit, and she has to give informed written consent. She can do it once in her life and no more, and she can't use her own eggs. What follows is each of those conditions in detail.

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Who can be a surrogate mother in India?

The conditions are strict, and they're strict on purpose, because they're written to protect her health rather than to make anybody's arrangements easier. Here is what the Act actually asks of her.

• She has to be a close relative of the intending couple, which rules out a great many willing volunteers straight away.

• Ever-married is the marital requirement, so married, widowed and divorced all qualify, and a never-married woman doesn't however suitable she might otherwise be.

• Her age has to fall between 25 and 35.

• She needs a biological child of her own already.

• A registered medical practitioner has to certify that she's medically and psychologically fit before anything proceeds.

• Her consent has to be informed, written down, and genuinely free of pressure or coercion.

• She can only do this once in her life.

• And her own eggs are never used. She's carrying an embryo created through IVF, so there's no genetic link between her and the child at all.

Together those rules are what keep surrogacy in India altruistic and free from exploitation. The wider legal framework is on our surrogacy law in India page.

Surrogate eligibility at a glance

That's the core statutory position. The detail on each one is below, and some of it matters more than the table can show.

Why these conditions exist

None of these are arbitrary, and it's worth knowing what each one is actually for.

• Age 25 to 35 is medically the safest window for pregnancy. It balances physical maturity against the risks that come with age.

• Having her own child means she already knows what pregnancy and childbirth involve, physically and emotionally, before she carries for somebody else.

• The once-only rule exists because repeated surrogate pregnancies carry real physical and emotional cost, and the law won't let a woman be put through that more than once.

• No genetic link confirms she's a gestational carrier and not the biological mother. Traditional surrogacy is banned in India.

• Medical and psychological screening protects her and the baby both.

The surrogate must be a close relative

Under the Act she has to be a close relative of the intending couple, a sister or a sister-in-law for instance. The reasoning is that keeping surrogacy inside trusted family circles makes commercial arrangements and exploitation much harder to set up.

Being a relative doesn't buy her out of anything else, though, and that's where people get confused. She still has to be ever-married, still has to be 25 to 35, still needs a biological child of her own, still needs the medical and psychological fitness certification, and still has to give informed written consent. The relationship is one more condition stacked on top of the others.

If you aren't sure whether a particular relative qualifies, our team can talk through what applies to your family situation in an online consultation.

Who cannot be a surrogate in India?

The exclusions matter as much as the criteria. A woman cannot act as a surrogate in India if she:

• Is not a close relative of the intending couple.

• Is never-married. She must be ever-married with a child of her own.

• Is younger than 25 or older than 35.

• Has no biological child of her own.

• Has already been a surrogate before, under the once-only rule.

• Cannot provide medical and psychological fitness certification.

• Would be paid a fee or compensation. That's commercial surrogacy, and it's illegal.

Advertising to recruit or offer a surrogate is prohibited under the Act as well. Surrogates can't be sourced through commercial advertisement.

The surrogate is protected — not paid

This sits at the centre of Indian law and there's no flexibility in it. A surrogate is never paid a fee for carrying a child. Only altruistic surrogacy is legal. The intending parents may cover her genuine medical expenses, her pregnancy-related costs and her mandatory insurance, and that's the end of the list.

The law requires she's covered by insurance for 36 months for postpartum and pregnancy-related complications. Any direct payment beyond her approved expenses is a criminal offence. Our surrogacy cost in India page shows how those legitimate expenses fit into the overall picture.

Consent and the surrogate's rights

Her participation has to be entirely voluntary. She gives informed, written consent after she's understood the medical procedures, the risks and the implications, and consent obtained through pressure, coercion or inducement isn't consent at all. She also keeps certain rights. She can withdraw consent before embryo transfer, though that becomes legally restricted once the transfer has taken place. Our risks & complications page covers the medical realities involved.

Our commitment to transparency

Surrogate eligibility is a sensitive and strictly regulated area. 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 privacy for both intended parents and surrogates.

This page provides general information about who can be a surrogate 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.

Talk to Oji Surrogacy & IVF Care

If you have questions about surrogate eligibility, as an intended parent or as a prospective surrogate, we offer personalised, honest online consultations with clear, evidence-based guidance and no misleading claims.

Book Your Online Consultation → Individual assessment • Transparent information • Guidance based on your circumstances