Surrogacy in India has recently gone through a major legislative reform to bring regulation to the surrogacy process, but is it still an option for you?



The Government of India has been contemplating to regulate surrogacy process in India through legislation. As a first step in this direction, the government banned surrogacy for foreign nationals in the year 2015. In December 2018, after almost two years of debate, the Lok Sabha has passed the Surrogacy (Regulation) Bill 2016 which aims at banning commercial surrogacy.

In this background, it is expected that commercial surrogacy in India will be banned shortly.


Proposed Legislation

  • Makes commercial surrogacy illegal
  • Allows only altruistic surrogacy for needy, infertile Indian couples
  • Requires intended parents to be married for five years and have a doctor’s certificate of their infertility
  • Restricts women to being surrogates only once, and only if they are a close relative of the intended parents, are married and have a biological child
  • Bans surrogacy for single parents, homosexuals and live-in couples


Will Surrogacy Be Legal In India?

It’s hard to speculate about where the Indian surrogacy laws will go from here. If the recently passed bill is any indication, it seems like commercial surrogacy in India won’t be legal in the near future.

However, with all these restrictions in place, it’s not unreasonable to predict that surrogacy will continue in India, given the significance of surrogacy to the intended parents and the surrogates.

It is always better to avail surrogacy option before the legal restrictions come into play, as otherwise it is a great risk for the patients and also the clinics to carry on with the surrogacy in violation of law. Therefore, if you’re considering surrogacy, it’s better to complete your surrogacy goals at the earliest, so as to avoid legal repercussions.

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