Surrogacy Law Firm

Surrogacy Lawyers

Surrogacy is an arrangement wherein a person carries and gives birth to another person, often for couples who are unable to get pregnant. Surrogacy law in India is to ensure the misuse of surrogacy by making the surrogacy practices more regulated and safeguarding the rights and interests of the surrogate mother, the child, as well as the intended parents.

Altruistic surrogacy is allowed in India while commercial surrogacy has been prohibited. The Bill states that commercial surrogacy is an offence and it invites fines and imprisonment.

Is Surrogacy Legal in India?

The answer is yes but with certain provisions. This implies that surrogate motherhood in India can be carried out within the legal framework provided the intending couple meets all the requirement of eligibility, provisions, documentation and obtaining prior approval from the appropriate authorities. Thus, it is very much necessary to understand Indian surrogacy law for the benefit of the intending parents and to avert unnecessary hassles and issues at later stages.

Surrogacy Law in India

Surrogacy law in India talks about the eligibility criteria for both intended parents as well as the surrogate mother and the rules and regulations to be followed while carrying out the Surrogacy Process. Surrogacy rules in India are governed by the Surrogacy (Regulation) Act, 2021 and as amended in 2024 with very strict compliance and enforcement of the norms laid down by the said Act.

Key points under Indian law:

• Only altruistic surrogacy is legally allowed.
• Commercial surrogacy is banned and punishable.

The intended parents must meet the eligibility criteria defined within the Act.

• Only certain categories of people are eligible, primarily:
• Married Indian couples with proven infertility, and
• Widows or divorcee within the prescribed age limits, in specified cases.
• General rule is that a couple with a child can’t opt for surrogacy. Except in cases where the already born child has some severe disability or a life threatening or incurable illness.
• Surrogacy must be conducted through registered ART clinics.
• Certificate of essentiality and certificate of eligibility to obtain prior approval from concerned authority.
• Children born through surrogacy will be considered as the children of the intended parents provided that the Surrogacy Act is complied with and an appropriate entry is made in the birth register by the local registrar.

Altruistic Surrogacy Under Indian Law

Altruistic surrogacy in India refers to the situation in which the surrogate mother is not given any money in return for carrying the baby which she is to hand over to the intended parents, after she has given birth and fully recovered. Alongside the medical bills and the mandatory medical insurance provided in accordance with the Indian surrogacy law. So, that surrogacy as a concept continues to remain a very altruistic activity.

Surrogacy Process & Legal Steps in India

Surrogacy in India is a legal process which requires completion of a number of formalities in compliance with the relevant laws. It is very important to understand and learn more about the process of Surrogacy in India.

Step by Step Process:

1. Eligibility Assessment

Evaluation of the intended parents and the surrogate under surrogacy law in India to confirm that they fall within the permitted categories and meet statutory conditions (e.g., marital status, infertility, age, and absence of living children except in specified medical circumstances).

2. Medical Certification

Obtaining medical certificate for the cause of infertility or medical necessity for surrogacy from a recognized and licensed ART clinic or a medical authority.

3. Documentation

To obtain E.C.C.R (Embryo, Egg or Cedule Cell Research) consent from all parties - including the intended parents, the surrogate and her spouse if married; To obtain affidavits, consent form and a declaration for the intended parents, the surrogate and her spouse if married, in terms of the Act and Rules;

4. Government Approval

Obtaining Certificate of Essentiality and Certificate of Eligibility from the competent authorities for surrogacy. It is obligatory to get both certificates for proceeding with the surrogacy process.

5. Clinical Process

In India surrogacy is done through our ART (Assisted Reproductive Technology) clinics that are legal and abide by the Assisted Reproductive Technology (Regulation) Act, 2021 & the Rules.

6. Post Birth Formalities

The birth certificate will have to be issued in the name of the intended parents, upon providing necessary documentation and getting it registered with the local registrar, in line with the juridical parentage created under the Surrogacy (Regulation) Act, 2021.

Role of a Surrogacy Law Firm

A Surrogacy Law Firm is very important in the whole process of surrogacy. Indian Surrogacy Law is quite complex and a law firm can help in avoiding any sorts of mistakes, delays and non compliance of any law or regulation. A Surrogacy Lawyer can guide through the legal process in the most efficient way possible. They will make sure that the process is smooth, legal, efficient and transparent. This would include from pre-conception eligibility checks to post birth formalities.

How India Law Offices LLP Can Help You

India Law Offices LLP is a leading surrogacy law firm in India. We offer a complete range of legal services for surrogacy in India. Our Surrogacy Lawyers are specialized in surrogacy law practice and assist our clients throughout the journey of surrogacy in India, ensuring compliance with the Surrogacy (Regulation) Act, 2021, the Surrogacy (Regulation) Rules, 2022, as amended by the 2024 Amendment Rules.

We specialize in providing legal advice in a manner which is relevant to your particular situation, in a practical, clear and reliable form to help make your journey as smooth and stress free as possible.

Our Services Include:

• Legal Consultation & Eligibility Check

Assistance for intended parents in understanding and fulfilling the requirements of the Surrogacy Bill for foreigners and for Indians with foreign residency. Guidance and clarification on medical, marital, age related and other child specific criteria as provided under the Surrogacy Law in India.

• Documentation

Prepare affidavits, consent forms, and agreements between the intended parents and the surrogate.

• Approvals

We help to get Certificate of Essentiality and Certificate of Eligibility from concerned State Expert Advisory Group through Compliance Process.

• Coordination with Clinics

Ensuring that the ART clinic and the medical team comply with both medical and legal requirements under the Surrogacy and Donor Law on reproduction across borders, especially in relation to surrogacy.

• Legal Support

Assistance in case of any legal issues or complications, including disputes with the surrogate, documentation gaps, or challenges before the appropriate authority or court.

Why Choose India Law Offices LLP

Choosing the right surrogacy law firm is essential for a successful surrogacy journey. We have a :

• Strong expertise in surrogacy law in India.
• Client‑focused and confidential approach.
• End‑to‑end assistance in all surrogacy procedures and legal formalities.
• Legal support at every stage of the process from eligibility assessment to post‑birth registration.

Surrogacy in India is a legally permitted but highly regulated process. With only altruistic surrogacy allowed and commercial surrogacy strictly prohibited, it is important to follow the law carefully and understand the eligibility restrictions and procedural safeguards.

Understanding the surrogacy legal process, complying with surrogacy law in India, and working with an experienced surrogacy lawyer can make a significant difference in ensuring a lawful, smooth, and secure path to parenthood.

India Law Offices LLP, as a professional surrogacy law firm, is committed to guiding you through every step, providing clear, compliant, and client‑centered legal support throughout your surrogacy journey in India.