SurrogacyDesk | Surrogacy Education
What Is Surrogacy? Meaning, Types, Process, Risks and Laws in India
Surrogacy is an arrangement in which a woman carries and gives birth to a child with the intention that the child will be cared for by the intended parent or parents after birth. It may be considered by people who cannot carry a pregnancy themselves or for whom pregnancy is medically contraindicated, subject to applicable law.
This guide explains the meaning of surrogacy, how it works, the difference between gestational and traditional surrogacy, medical considerations, and the legal framework in India.
What Is Surrogacy?
Surrogacy is a form of assisted reproduction in which a woman, commonly called the surrogate mother or gestational carrier, carries a pregnancy for an intended parent or intended parents.
In gestational surrogacy, an embryo is created through in vitro fertilisation (IVF) and transferred to the carrier’s uterus. The carrier does not provide the egg used to create the embryo. This differs from traditional surrogacy, where the surrogate’s own egg is used.
Surrogacy involves medical, psychological, ethical and legal considerations. The process, eligibility requirements and permitted arrangements vary by country and jurisdiction.
The Government of India describes surrogacy in the Surrogacy (Regulation) Act, 2021 as a practice in which a woman bears and gives birth to a child for an intending couple, with the intention of handing over the child after birth. Read the National ART & Surrogacy Portal FAQs.
Why Is Surrogacy Considered?
Surrogacy may be discussed when pregnancy is not possible or would pose a substantial medical risk. Whether it is legally available depends on the applicable rules and the individual circumstances.
- Absence of a uterus or certain uterine conditions.
- Medical conditions in which carrying a pregnancy may be unsafe.
- Repeated unsuccessful reproductive treatment in selected circumstances.
- Other legally recognised medical indications, where the jurisdiction permits surrogacy.
A fertility specialist should assess the medical history and explain reasonable alternatives, potential benefits, risks and uncertainties before a decision is made.
Types of Surrogacy
1. Gestational Surrogacy
An embryo created through IVF is transferred to the gestational carrier. The carrier does not contribute the egg, so she is not genetically related to the child through the egg.
This is the form addressed by the Indian statutory framework.
2. Traditional Surrogacy
The surrogate’s own egg is used, meaning she is genetically related to the child. This differs from gestational surrogacy and may be prohibited or restricted by law.
It is important not to assume that an arrangement permitted in one country is lawful in another.
Altruistic and Commercial Surrogacy
These terms describe the financial arrangement rather than the genetic relationship:
- Altruistic surrogacy: In India, the statutory definition excludes payment or reward to the surrogate beyond permitted medical expenses, prescribed expenses and insurance coverage.
- Commercial surrogacy: The Indian Act defines and prohibits commercial surrogacy, subject to the Act’s specified treatment of permitted expenses and insurance.
These are legal terms with specific meanings. A person should obtain advice on the current law rather than rely on informal descriptions of an arrangement.
How Does Surrogacy Work?
The precise pathway depends on medical findings, legal eligibility, clinic protocols and the jurisdiction. A typical gestational-surrogacy pathway may include the following stages:
- Initial consultation: Intended parent or parents meet a fertility specialist to review medical history, reproductive options and the reason surrogacy is being considered.
- Eligibility and legal review: The parties confirm whether the arrangement is permitted and what medical certificates, approvals, consent documents or other records are required.
- Carrier assessment: The prospective carrier undergoes appropriate medical and psychological assessment and receives information about the procedure and its risks.
- IVF and embryo creation: Eggs and sperm are collected or obtained as legally permitted, fertilisation occurs in the laboratory, and embryos may be cultured before transfer.
- Embryo transfer: A selected embryo is transferred to the carrier’s uterus according to the clinical plan.
- Pregnancy monitoring: If pregnancy occurs, antenatal care and follow-up are arranged with appropriate obstetric services.
- Birth and parentage formalities: Birth care and all legal documentation are handled in accordance with the applicable law.
Not every treatment cycle results in pregnancy or live birth. The care team should explain the expected timeline, possible additional cycles, costs and uncertainties before treatment.
What Is IVF in Surrogacy?
In vitro fertilisation (IVF) is a treatment in which eggs and sperm are brought together outside the body in a laboratory. An embryo may then be transferred into the uterus of the person who will carry the pregnancy.
In gestational surrogacy, IVF allows the embryo to be created using gametes from the intended parent or parents or from donors where legally permitted. The use of donor gametes is subject to applicable law, clinical assessment and required approvals.
For more information, visit SurrogacyDesk Medical Guidance.
Who May Consider Surrogacy?
People may explore surrogacy for different personal and medical reasons. However, being interested in surrogacy does not automatically mean that someone is eligible to proceed.
In India, access is governed by statutory eligibility criteria and prescribed medical indications. The relevant authorities and medical professionals determine whether those requirements are met in a particular case.
Intended parents should not rely on general online descriptions to decide their eligibility. They should seek advice from a registered clinic and review the current official requirements.
Surrogacy Laws in India
Surrogacy in India is regulated principally by the Surrogacy (Regulation) Act, 2021 and the rules and notifications made under it. The framework regulates who may seek surrogacy, who may act as a surrogate, the permitted form of surrogacy, clinics, consent and related matters.
- Commercial surrogacy is prohibited under the Act.
- Altruistic surrogacy is defined by reference to permitted medical and prescribed expenses and insurance coverage, rather than remuneration or financial incentives.
- The Act provides eligibility and certification requirements for intending parents and surrogate mothers.
- Written informed consent and prescribed medical and psychological assessments are important parts of the statutory framework.
- Clinics and other participants must comply with applicable registration, procedural and regulatory requirements.
Legal requirements can change. The National ART & Surrogacy Portal lists legislation, rules and amendment notifications, including 2026 notifications. Confirm the latest applicable provisions and state-level procedures before taking action.
Official resources:
- India Code: Surrogacy (Regulation) Act, 2021
- National ART & Surrogacy Portal
- Official surrogacy FAQs
- Rules and notifications
For general information, see SurrogacyDesk Legal Information. This resource is not a substitute for advice from a qualified lawyer.
Medical Considerations and Risks
Surrogacy may involve IVF treatment, medication, embryo transfer, pregnancy and childbirth. Each stage has potential risks, and the individual risk profile depends on the people involved and their medical circumstances.
For the gestational carrier
- Medication-related effects and discomfort.
- Risks associated with embryo transfer and fertility treatment.
- Pregnancy complications, including hypertensive disorders, gestational diabetes or preterm birth.
- Risks associated with labour, delivery and recovery.
For intended parents
- Uncertainty about treatment success and the possibility of additional cycles.
- Emotional stress during treatment and pregnancy.
- Financial and logistical demands.
- Legal and administrative requirements before and after birth.
Clinicians should explain the risks, alternatives, expected monitoring and emergency arrangements. The carrier’s health, autonomy, privacy and informed consent must be respected throughout care.
How to Choose a Surrogacy Clinic
Before proceeding, intended parents should verify the clinic’s registration and discuss its clinical services, procedures, fees and patient-support arrangements.
- Check the clinic’s registration status using the National ART & Surrogacy Registry.
- Ask which specialists will be involved in fertility treatment, obstetric care and psychological support.
- Request a written explanation of the proposed treatment plan, likely stages, fees and possible additional costs.
- Ask how informed consent, confidentiality, independent support and complaints are handled.
- Clarify the legal documentation and approvals required before treatment begins.
Be cautious of guarantees of pregnancy or live birth. Treatment outcomes vary, and no clinic can guarantee an individual result.
Emotional, Ethical and Practical Considerations
Surrogacy can be emotionally significant for intended parents, the carrier and their families. Open communication, independent counselling where appropriate, privacy protections and clear expectations can help people understand the process.
Discussions should address the carrier’s autonomy in healthcare decisions, confidentiality, contact and communication preferences, pregnancy complications, birth planning and post-birth arrangements. Legal agreements and counselling should comply with local law and should never be used to override a person’s medical consent or bodily autonomy.
Conclusion
Surrogacy is a medically assisted and legally regulated pathway to parenthood in which a woman carries a pregnancy for intended parent or parents. Understanding the types of surrogacy, IVF process, medical considerations, costs, consent and legal requirements is essential before exploring treatment.
In India, eligibility and permitted arrangements are governed by the Surrogacy (Regulation) Act, 2021 and subsequent rules and notifications. Consult registered medical professionals and qualified legal advisers, and verify the latest official requirements before making decisions.
Surrogacy: 30 Frequently Asked Questions
Click a question to expand the answer.
1. What is surrogacy in simple words?
Surrogacy is an arrangement in which a woman carries and gives birth to a child for intended parent or parents, with the intention that they will care for the child after birth. The arrangement is subject to medical and legal requirements.
2. What is a surrogate mother?
A surrogate mother or gestational carrier is a woman who carries a pregnancy for intended parent or parents. In gestational surrogacy, the embryo is created through IVF and the carrier does not provide the egg.
3. What are the main types of surrogacy?
The main biological types are gestational surrogacy, where the carrier does not contribute the egg, and traditional surrogacy, where the surrogate’s own egg is used. Laws may permit one type and prohibit another.
4. What is gestational surrogacy?
Gestational surrogacy involves transferring an IVF-created embryo to a carrier’s uterus. The carrier is not genetically related to the child through the egg used to create the embryo.
5. What is traditional surrogacy?
Traditional surrogacy uses the surrogate’s own egg, making her genetically related to the child. Its legal status differs by jurisdiction and it is not the form contemplated by India’s statutory definition of surrogacy.
6. What is altruistic surrogacy?
Under Indian law, altruistic surrogacy excludes remuneration or monetary incentives to the surrogate, while allowing specified medical expenses, prescribed expenses and insurance coverage as provided by the law.
7. Is commercial surrogacy legal in India?
Commercial surrogacy is prohibited under the Surrogacy (Regulation) Act, 2021. The Act distinguishes prohibited remuneration and incentives from permitted expenses and insurance.
8. How does surrogacy work?
A typical gestational process may include consultation, medical and legal eligibility review, carrier assessment, IVF, embryo transfer, pregnancy monitoring and birth-related legal formalities. The exact pathway varies.
9. Is IVF necessary for gestational surrogacy?
Yes. Gestational surrogacy uses an embryo created outside the body, typically through IVF, which is then transferred to the carrier’s uterus.
10. Does the surrogate share DNA with the baby?
In gestational surrogacy, the carrier does not contribute the egg and is not genetically related to the child through the egg. In traditional surrogacy, the surrogate’s egg is used and she is genetically related.
11. Who may consider surrogacy?
People for whom pregnancy is medically impossible or contraindicated may ask a specialist about surrogacy. Eligibility depends on the law where treatment is sought and on individual medical circumstances.
12. Is surrogacy available to everyone in India?
No. Indian law establishes eligibility criteria and medical indications. Intended parents must obtain case-specific guidance from an appropriately registered clinic and the relevant authorities.
13. Can a single person pursue surrogacy in India?
The Act provides specific provisions for an intending woman who is a widow or divorcee, subject to eligibility conditions. A single man is not eligible under the statutory framework. Confirm current requirements with the appropriate authority.
14. Can a surrogate use her own egg in India?
The Surrogacy (Regulation) Act, 2021 states that a surrogate mother cannot provide her own gametes for the surrogacy procedure.
15. Does the surrogate have to be a close relative?
Do not assume that a close-relative relationship is universally required. The applicable statutory criteria and current official guidance should be checked for the particular case.
16. Can donor eggs or sperm be used?
Use of donor gametes is governed by specific rules and conditions. India’s rules have been amended, so the permitted circumstances must be confirmed from current official notifications and the relevant authority before treatment.
17. What medical tests are involved?
Assessments may include reproductive and general health evaluation, relevant laboratory tests, uterine assessment and screening for conditions that could affect treatment or pregnancy. The clinical team determines the appropriate investigations.
18. Does surrogacy guarantee a baby?
No. IVF and embryo transfer do not guarantee pregnancy or live birth. Outcomes depend on multiple medical factors, and the care team should explain uncertainty and possible further treatment.
19. How long does the surrogacy process take?
There is no single timeline. Eligibility checks, documentation, fertility treatment, embryo transfer and pregnancy can take different amounts of time. Delays and additional treatment cycles may occur.
20. How much does surrogacy cost in India?
Costs vary with medical care, IVF, investigations, medicines, insurance, legal and administrative requirements, and the services provided. Indian law restricts payments to the surrogate; obtain a transparent written cost breakdown from the clinic.
21. What risks can a surrogate face?
Risks may arise from fertility medication, embryo transfer, pregnancy, delivery and recovery. Examples include pregnancy-related hypertension, gestational diabetes, preterm birth and delivery complications. Individual risks require clinical assessment.
22. Is counselling important?
Counselling can help participants consider expectations, emotional wellbeing, communication, privacy and the implications of treatment. Any required assessments and consent procedures should follow applicable law and clinical standards.
23. Can the surrogate withdraw consent?
Indian law requires written informed consent and provides an option for the surrogate to withdraw consent before implantation of the embryo. The exact legal position and required process should be reviewed with qualified professionals.
24. Who makes medical decisions during pregnancy?
The pregnant carrier’s informed consent and autonomy in healthcare decisions must be respected. Intended parents should discuss communication and birth planning, but these discussions do not replace the carrier’s consent to medical care.
25. What happens after the baby is born?
Care of the newborn and parentage documentation must be managed under the applicable law and official procedures. The parties should clarify the required documents and responsibilities with their legal and medical advisers in advance.
26. Can a child born through surrogacy be abandoned?
The Indian Act prohibits intended parents from abandoning a child born through surrogacy for reasons including a medical or birth defect, sex of the child or multiple pregnancy.
27. How can I check whether a clinic is registered?
Use the National ART & Surrogacy Registry and confirm the clinic’s status and services. You can also ask the clinic for its registration details.
28. Is surrogacy confidential?
Privacy and confidentiality should be discussed with the clinic and legal adviser. Ask how medical records, personal information, communications and any required disclosures are handled under applicable law.
29. Where can I find official information about surrogacy in India?
Consult the National ART & Surrogacy Portal, India Code and the relevant State Appropriate Authority. Review current rules and notifications.
30. Where should I start if I am considering surrogacy?
Start with a consultation with a qualified fertility specialist. Ask about medical alternatives, eligibility, risks, clinic registration, consent, costs and legal requirements. Seek independent legal advice where appropriate.
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What Is Surrogacy?
What Is Surrogacy?
Surrogacy is an assisted reproductive arrangement in which a woman carries and gives birth to a child for intended parent or parents. In gestational surrogacy, an embryo created through in vitro fertilisation (IVF) is transferred to the carrier’s uterus. Surrogacy may be considered when pregnancy is medically impossible or unsafe, subject to applicable laws. In India, surrogacy is regulated by the Surrogacy (Regulation) Act, 2021, and related rules and amendments. Understanding eligibility, medical procedures, consent, costs and legal responsibilities is essential before proceeding. Explore our guides to Understand Surrogacy, Medical Guidance and Legal Information for more details.
Legal reference basis: India’s statutory definition and regulatory framework are available through the official India Code Act page , while the National ART & Surrogacy Portal lists FAQs, rules and notifications, including recent amendments.