# Surrogacy Regulation Act India

> Surrogacy Regulation Act India for NEET-PG Obstetrics and Gynaecology, covering altruistic surrogacy, eligibility of couples and surrogates, and penalties.

- Canonical URL: https://prepelephant.com/topics/neet-pg/obstetrics-and-gynaecology/surrogacy-regulation-act-india
- Exam / course: NEET-PG · Subject: Obstetrics and Gynaecology
- Publisher: PrepElephant (https://prepelephant.com) — Prepared and reviewed by the PrepElephant Academic Review Team
- First published: 2026-10-08
- Last updated: 2026-10-08
- Reference basis: Surrogacy (Regulation) Act, 2021; Surrogacy (Regulation) Rules, 2022
- How to cite: "Surrogacy Regulation Act India", PrepElephant, https://prepelephant.com/topics/neet-pg/obstetrics-and-gynaecology/surrogacy-regulation-act-india

## Direct answer

The Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy for infertile, legally married Indian couples and bans commercial surrogacy. The surrogate must be a willing woman acting without payment beyond medical expenses, and the Act sets age, marital and eligibility conditions for both the intending couple and the surrogate, with penalties for commercial surrogacy.

## What you must remember

- **Altruistic only:** Surrogacy is allowed only without monetary benefit, beyond medical expenses and pregnancy-related insurance.
- **Commercial surrogacy:** A criminal offence, punishable with imprisonment of up to 10 years and a fine of up to 10 lakh rupees.
- **Intending couple:** Legally married Indian couple holding a certificate of essentiality, which rests on a medical indication such as proven infertility.
- **Excluded couples:** Couples with a living child, whether biological, adopted or born through surrogacy, are not eligible, except where that child is physically or mentally challenged or has a life-threatening disorder, certified by a medical board.
- **Age of intending couple:** Woman 23 to 50 years and man 26 to 55 years on the day of certification.
- **Surrogate:** A willing, ever-married woman aged 25 to 35 who already has her own child, who uses no gametes of her own, and who may act only once in her lifetime.
- **Single women:** A widowed or divorced woman aged 35 to 45 with a medical need is the specified exception.

## A stepwise pathway for surrogacy

Vignettes usually describe a couple and a proposed surrogate, and the legal sequence below shows whether the arrangement is lawful.

1. **Verify the intending couple:** Confirm marriage, citizenship, the medical indication and the absence of any living child.
2. **Obtain the certificates:** The appropriate authority issues a certificate of essentiality for the couple and a certificate of eligibility for the surrogate.
3. **Check the surrogate:** Confirm willingness, marital status, age, an existing child and no use of her own gametes, with only medical costs and insurance covered.
4. **Proceed only after certification:** The ART procedure goes ahead only after both certificates are in place, and the surrogate may withdraw consent before implantation.
5. **Protect the child:** Abandonment of a child born through surrogacy, including for a birth defect, is prohibited under the Act.

The certificate stage is where most eligibility errors are caught, so vignettes often hinge on one missing document. Read each condition separately for the couple and for the surrogate.

## Where the exam tries to catch you

Surrogacy questions turn on eligibility details and the line between altruistic and commercial arrangements.

- **Trap:** Assuming a paid surrogate is permitted if the amount is modest. — **Correct:** Any payment beyond medical expenses and insurance makes the arrangement commercial and an offence.
- **Trap:** Assuming unmarried or live-in couples may use surrogacy. — **Correct:** The Act restricts eligibility to married couples, with a specified exception for widowed or divorced women in the stated age range.
- **Trap:** Assuming a surrogate must be a close relative, as in the 2019 Bill. — **Correct:** The 2021 Act allows any willing ever-married woman aged 25 to 35 with a child of her own, once in her lifetime, but not one paid beyond medical costs.

## Frequently asked questions

### Who can be a surrogate mother under the Surrogacy Act India?

Under the Surrogacy (Regulation) Act, 2021, the surrogate must be a willing, ever-married woman aged 25 to 35 who already has a child of her own, and she cannot use her own gametes. She may act as a surrogate only once in her lifetime.

### Is commercial surrogacy legal in India?

Commercial surrogacy is illegal in India under the Surrogacy (Regulation) Act, 2021. It is punishable with imprisonment of up to 10 years and a fine of up to 10 lakh rupees, and the Act permits only altruistic surrogacy.

### Can single women use surrogacy under the Act?

Single women are not generally eligible under the Act. The specified exception is a widowed or divorced woman aged 35 to 45 who has a medical need for surrogacy.

### What is the age limit for intending couples under the Surrogacy Act?

Under the Act, the intending woman must be 23 to 50 years old and the intending man 26 to 55 years old on the day of certification. The Supreme Court has held that these limits do not apply to couples who began the process before the Act came into force.