Who is Eligible for Surrogacy in India

Eligibility Criterias for Intending Parents

Please note, to use Surrogacy services in India, you need to be eligible as per the ICMR ART Bill 2010, MHA notifications, and ACME Fertility.

Section 1 :      EXCERPT FROM ART BILL 2010

  • Surrogacy by ART should be considered only for patients for whom it is physically or medically impossible / undesirable to carry a child to term.
  • Individuals or couples may obtain the service of a surrogate through an ART bank.
  • The person or persons who have availed of the services of a surrogate mother shall be legally bound to accept the custody of the child / children irrespective of any abnormality that the child / children may have, and the refusal to do so shall constitute an offence.
  • A couple or an individual shall not have the service of more than one surrogate at any given time.
  • A couple shall not have simultaneous transfer of embryos in the woman and in a surrogate.
Surrogacy by ART

Surrogacy by ART


  • The foreign man and woman are duly married and the marriage should have sustained atleast for two years.
  • Foreign Nationals should visit to India on appropriate visa category, which is Medical visa.
  • A letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be enclosed with the Visa application stating clearly that

       a) The country recognizes surrogacy and

    b) The child / children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as biological child/children of the couple commissioning surrogacy.

Section 3 :      SURROGACY INDIA

  • One of the partners should be less than 46 years of age
  • Couples who are childless or have less than 2 children. Please note that we are not being judgmental but that our team prefers that our surrogates help childless couples.
  • That the couple should be physically present in India at least once before commissioning (1st embryo transfer).


Section 4 :      MEDICAL

In India, couples are allowed to undergo surrogacy, only for medical reasons indicating need of surrogate services. Below listed are few of the reasons for the same.

  • Uterine conditions: removal, absence (MKRH), deformed (fibroids), etc.
  • Pelvic: Pelvic inflammatory disease, endometriosis, etc.
  • Systemic: Heart condition (cardiomyopathy), renal (transplants), epilepsy, diabetes, etc.
  • Fertility: Multiple failed IVF, Multiple Miscarriage

 Section 5 :      FRRO

  • Both partners must register at FRRO.

Please note SI Is making all efforts to provide updated information on their website. But it will not always be possible to do so if the regulations, notifications have not reached SI. It is thus requested for all couples that you should personally check with MHA, FRRO, ICMR, your respective Embassy, or any other relevant Authority, if there are any new requirements. We have had couples who have faced concerns even after their visit in India, due to newer regulations. SI will not be and cannot be held responsible for the same.

Gay Couples Surrogacy | IVF Surrogacy Treatment India

The Future of Indian Laws on Surrogacy India and Gay Couples.


Indian laws on surrogacy are not clear. However, as the government plans to pass the Assisted Reproductive Technology (ART) bill, this uncertainty will change. The ART bill will regulate In-Vitro Fertilization (IVF) and exclude gay couples from hiring surrogates in India. This is because the government of India has not legalized gay relationships, although it has been decriminalized by the Delhi High Court.

Further, surrogacy for gay couples will be an option only after the country legalizes gay relationships. The bill also provides for prohibiting IVF clinics from conducting surrogacy transactions. Instead, it plans to set up special ART banks that will track reproductive donors and surrogate mothers.

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