| Governing Law | Surrogacy (Regulation) Act, 2021 |
| Companion Law | ART (Regulation) Act, 2021 |
| Allowed | Altruistic surrogacy only |
| Banned | Commercial surrogacy |
| Parentage | Intending parents (by law) |
Is Surrogacy Legal in India?
Yes — but only altruistic surrogacy is legal in India, governed by the Surrogacy (Regulation) Act, 2021 together with the Assisted Reproductive Technology (Regulation) Act, 2021. The law came into force to end commercial surrogacy and to protect surrogate mothers and children from exploitation.
What is Banned: Commercial Surrogacy
Commercial surrogacy is completely banned. No one may pay, offer or receive any money to a surrogate beyond her genuine medical expenses and insurance. Advertising for surrogacy, recruiting surrogates commercially, and abandoning a surrogate child are all offences.
Penalties are severe — imprisonment of up to 10 years and fines up to ₹10 Lakhs for serious violations.
Legal Parentage & Birth Certificate
A child born through lawful surrogacy is, by law, the biological child of the intending couple and is entitled to all rights of a natural child. After birth, a magistrate order confirms parentage and the birth certificate is issued in the intending parents' names. The surrogate has no parental rights over the child.
Surrogate Rights & Protections
The surrogate must give written informed consent, can withdraw before embryo transfer, and must be covered by a 36-month health insurance policy. These protections are central to the altruistic framework of the law.