Surrogacy consultation in Delhi: eligibility and legal process

Surrogacy in India is allowed only on altruistic terms, for married Indian couples with a certified medical need and for Indian widows or divorced women aged 35 to 45. Our consultation reviews your medical history, tells you whether surrogacy is medically indicated or IVF can still work, and explains the certificates you need.

What we do not offer

We do not arrange, recruit or pay surrogates, and we do not sell surrogacy packages. Commercial surrogacy and sex selection are criminal offences in India.

Who can be intending parents

ConditionMarried coupleWidow or divorced woman
NationalityIndianIndian
AgeWife 23–50, husband 26–5535–45
Medical needCertified by a District Medical BoardCertified by a District Medical Board
Existing childNo surviving child, except a child with a serious disability or life-threatening illnessNot applicable
GametesAt least one gamete from the couple; donor egg or sperm only if certified as medically neededHer own eggs with donor sperm

Medical reasons that may qualify

  • No uterus, or a uterus that cannot carry a pregnancy
  • Repeated IVF failure despite good-quality embryos
  • Repeated pregnancy loss without a treatable cause
  • A medical illness that makes pregnancy life-threatening for the woman

Many couples who think they need surrogacy can still conceive with IVF after a proper assessment. The consultation starts by checking that.

Who can be a surrogate

  • An ever-married woman aged 25 to 35 who has a child of her own
  • She can be a surrogate only once in her life
  • Medically and psychologically fit, as certified by a doctor
  • She does not need to be a relative, and cannot provide her own eggs
  • She receives medical and prescribed expenses (such as loss of wages) and insurance cover only; any other payment is illegal

The legal process

  1. Medical assessmentOur doctor reviews your history and reports and documents the medical indication.
  2. Certificate of essentialityA District Medical Board certifies the medical need, and donor gametes if needed.
  3. Parentage and custody orderA Magistrate's court passes an order on parentage and custody of the child.
  4. Insurance for the surrogateThe intending parents buy insurance cover for the surrogate for 36 months.
  5. Eligibility certificatesThe appropriate authority issues eligibility certificates for the intending parents and the surrogate.
  6. Treatment at a registered clinicIVF to create embryos and embryo transfer, with up to three transfer attempts with the same surrogate.

The process and paperwork vary by state authority. Take advice from an advocate experienced in surrogacy law before you start.

What surrogacy costs consist of

Under the Act, the costs are medical and legal only:

  • IVF treatment to create embryos (stimulation, egg collection, lab work, freezing)
  • Embryo transfers and monitoring of the surrogate
  • The surrogate's medical expenses during pregnancy and delivery
  • Insurance cover for the surrogate for 36 months
  • Legal and certification costs

Your medical costs depend on your reports. We share an itemised estimate after the consultation.

Recent legal changes

  • February 2024: the Surrogacy Rules were amended to allow donor eggs or sperm when a medical board certifies the need (Gazette notification).
  • 9 October 2025: the Supreme Court held in Arun Muthuvel v. Union of India that the age limit does not apply to couples whose embryos were frozen before the Act came into force.

Legal information last checked on 27 October 2026. This page explains the law in general terms and is not legal advice.

Surrogacy questions

Is surrogacy legal in India?

Yes, but only altruistic surrogacy under the Surrogacy (Regulation) Act, 2021. The surrogate may receive only medical and other prescribed expenses, such as loss of wages, and insurance cover. Commercial surrogacy is a criminal offence.

Can we use donor eggs or donor sperm in surrogacy?

Since the February 2024 amendment to the Surrogacy Rules, a couple may use a donor egg or donor sperm if a District Medical Board certifies that one partner has a medical condition that needs it. At least one gamete must still come from the couple. A widow or divorced woman must use her own eggs with donor sperm.

We are above the age limit. Is surrogacy still possible?

Generally no: the wife must be 23 to 50 and the husband 26 to 55 on the date of the eligibility certificate. In October 2025 the Supreme Court held that the age bar does not apply to couples whose embryos were already frozen before the Act came into force. If that applies to you, take legal advice on approaching your High Court.

How many embryo transfers can be tried with one surrogate?

The rules allow up to three embryo transfer attempts with the same surrogate.

Do you find a surrogate for us?

No. We do not recruit or pay surrogates. Under the law, the surrogate is a willing woman who meets the legal conditions and receives only medical and prescribed expenses and insurance. We provide the medical treatment and help you understand the process.

Can single men, unmarried couples or foreign nationals use surrogacy in India?

No. The Act allows only a married Indian couple, or an Indian widow or divorced woman aged 35 to 45, to become intending parents.

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