| Married Couple | 5+ years married, documented infertility |
| Single Woman | Widow/divorcee, 35–45, with a child |
| Surrogate | Close relative, married, 25–35, once only |
| Citizenship | Indian citizens (Overseas/foreigners excluded) |
| Authority | District ART & Surrogacy Board |
Eligibility for Intending Couples
To be eligible for surrogacy in India, an intending couple must meet these criteria under the Surrogacy (Regulation) Act, 2021:
- Both partners must be Indian citizens and legally married.
- The couple must have been married for at least 5 years.
- There must be a certificate of medical/proven infertility from a District Medical Board.
- The wife should generally be aged 23–50 and the husband 26–55.
- The couple must not have a surviving biological, adopted or surrogate child (with limited exceptions for a child with disability or life-threatening illness).
Eligibility for Single Women
A single woman can opt for surrogacy only if she is an Indian widow or divorcee aged 35–45. Single men, unmarried single women, live-in partners and same-sex couples are currently not eligible under the Act.
Surrogate Mother Eligibility
The surrogate mother must meet strict criteria:
- A willing close blood-relative of the intending couple.
- Married and have a child of her own.
- Aged 25–35 years.
- Can be a surrogate only once in her lifetime.
- Must be certified medically and psychologically fit.
Documents Required
Typical documents include: identity and citizenship proof, marriage certificate, the infertility/medical certificate, the eligibility and surrogacy certificates from the appropriate authority, the insurance policy for the surrogate, and the signed surrogacy agreement.
Frequently Asked Questions
Who is eligible for surrogacy in India?
Indian married couples married 5+ years with documented infertility, or Indian widows/divorcees aged 35–45 with an existing biological child. The surrogate must be a willing close relative, married, aged 25–35.
Can a single woman have a baby through surrogacy in India?
Only an Indian widow or divorcee aged 35–45 qualifies. Single men, unmarried women and same-sex couples are not eligible under the current law.
Are foreigners or NRIs eligible for surrogacy in India?
Surrogacy is restricted to Indian citizens. Foreign nationals and OCIs/NRIs without an Indian citizen spouse are generally not eligible.
What is the age limit for surrogacy in India?
The intending wife is generally 23–50 and husband 26–55; a single eligible woman must be 35–45; the surrogate must be 25–35.