Surrogacy in India in 2026 is legal only as altruistic surrogacy under the Surrogacy (Regulation) Act, 2021, with the 2024 amendment now permitting one donor gamete in certified medical cases. Eligibility is limited to married Indian couples, NRIs, OCI cardholders, and single women who are widows or divorcees aged 35 to 45. The process needs District Medical Board certification, a registered surrogacy clinic, and a court-backed parentage order.

According to Dr. Mohit Saraogi, an experienced IVF specialist at Saraogi Hospital, most intending parents still rely on outdated 2015 information, “the landscape has shifted completely. Post-2021 the framework is altruistic-only, and the February 2024 rule on donor gametes is what actually decides whether many couples qualify today.”

Not everyone can walk into a surrogacy clinic and start the process. The 2021 Act plus the 2024 rules set a short list of who qualifies, and one rejected document closes the door on the entire file. 

• Couples: Married Indian heterosexual couples only. Husband between 26 and 55, wife between 25 and 50, five years of marriage minimum, and proven medical infertility on record. NRIs and OCI holders are in. Foreigners are out.
• Singles: Single woman applicants have to be Indian widows or divorcees, aged 35 to 45. That’s the only single-parent door open. Single men, live-in couples, same-sex couples, still not permitted under the law in 2026.
• Medical proof: A District Medical Board has to sign off that the intending woman cannot carry a pregnancy for a real biological or medical reason. Not wanting to be pregnant isn’t a reason. Every case is reviewed on paperwork, not personal preference.
• Donor gametes: Under the Feb 2024 amendment, one donor gamete (egg or sperm) is now allowed if the District Medical Board certifies a qualifying condition in the husband or wife. One gamete still has to come from the couple themselves. That part hasn’t been relaxed.

Clearing eligibility is only half the battle. The actual filing starts inside a registered surrogacy centre that holds a valid state licence under the 2021 Act.

The legal process follows a fixed order under the 2021 Act. Each stage has its own paperwork, and the parentage order at birth depends on every earlier step being cleared properly.

• Registration: Start with a clinic registered under the National Assisted Reproductive Technology and Surrogacy Board. The clinic checks every paper first, marriage certificate, medical reports, age proofs, ID documents, before any treatment step is allowed to start.
• Board certification: A District Medical Board certificate for medical necessity is compulsory. Then the Appropriate Authority issues a separate Essentiality Certificate once the couple is cleared. Without both, the surrogate’s pregnancy has no legal standing at all.
• Surrogate selection: The surrogate has to be a willing married woman, aged 25 to 35, with her own biological child, and she can act as a surrogate only once in her life. A 36-month post-delivery insurance cover is legally required, paid by the intending couple.
• Court-backed parentage: After the baby is born, the surrogate legally gives up the child, and parentage shifts to the intending couple through documents filed under the surrogacy in India framework. Payments are capped at insurance, medical care, and essential expenses. Nothing above that.

Couples planning for twins also face added cost layers, all broken down in the surrogacy cost for twins guide.

References:

• Ministry of Health and Family Welfare — Surrogacy (Regulation) Amendment Rules, 2024
• National Institutes of Health — Surrogacy Regulation Act 2021 analysis