Country profile
India
India closed surrogacy to foreign and OCI intended parents in 2015, and the Surrogacy (Regulation) Act 2021 now allows only altruistic surrogacy for eligible Indian citizens. Not available to international intended parents — requires independent legal verification.
Last reviewed: 3 Jun 2026
Orientation only. Surrogacy laws, consular practices, passport rules, and agency programs change frequently. These results are not legal advice and should not be your only basis for a decision. Always verify your situation with an independent lawyer and the relevant consular authorities before choosing a country or signing any agreement.
Summary
India was once a major international surrogacy destination, but that era ended. Since a 2015 government circular, no visas are issued to foreign nationals (including Overseas Citizen of India cardholders) to commission surrogacy in India. The Surrogacy (Regulation) Act, 2021 (in force 25 January 2022) then banned commercial surrogacy entirely and limited altruistic surrogacy to eligible Indian “intending couples” (and certain Indian women) meeting strict conditions.
For the international intended parents this site is written for, India is effectively closed. This page exists so that researchers who still see old “surrogacy in India” information understand the current legal reality. Verify any India-related question with Indian counsel.
Availability
| Profile | Typical starting point |
|---|---|
| Same-sex male couples | No |
| Same-sex female couples | No |
| Heterosexual couples | No |
| Single men | No |
| Single women | No |
Foreign nationals and OCI cardholders cannot commission surrogacy in India. Domestically, altruistic surrogacy is limited to eligible Indian married couples (and some Indian widows/divorcees) — not the international audience this page serves.
Surrogacy model
Altruistic Commercial surrogacy is banned. Only altruistic surrogacy is lawful, and only for eligible Indian citizens meeting medical and eligibility-certificate conditions. International intended parents are excluded from the pathway entirely.
Agency ecosystem
- Agency-supported journeys: Generally no
- Mature ecosystem: Less mature than major commercial markets
- Mostly clinic/lawyer-led: Often yes
Passport & exit
Because foreign and OCI intended parents cannot lawfully commission surrogacy in India, exit-document planning does not arise through a lawful pathway. Older guidance about exit permits applied to “pipeline” cases from before 2015. Do not rely on outdated playbooks.
Returning home
France
French intended parents cannot lawfully use India as a destination; research other countries and plan French recognition with counsel for whichever lawful destination you choose.
Spain
Spanish intended parents cannot use India; for any lawful destination, note that since 1 May 2025 the Spanish Civil Registry no longer accepts a foreign birth certificate or judgment for direct registration, so filiation must be established in Spain.
Belgium
Belgian intended parents cannot use India; for any lawful destination, parenthood is established under Belgian law (typically adoption). Verify with Belgian counsel.
United States
US intended parents cannot lawfully commission surrogacy in India. For a lawful destination, US citizenship transmits via a genetic/gestational tie to a US-citizen parent (Consular Report of Birth Abroad and passport, often with DNA). Engage US counsel.
Canada
Canadian intended parents cannot use India; for a lawful destination, citizenship by descent turns on a Canadian legal parent at birth (Bill C-3 in force 15 December 2025). Confirm with IRCC.
United Kingdom
British intended parents cannot use India; for a lawful destination, a UK parental order is usually required (genetic link, UK domicile, surrogate consent). Take specialist UK advice.
Australia
Australian intended parents cannot use India; for any overseas arrangement, remember commercial surrogacy is criminal for NSW/QLD/ACT residents, and citizenship by descent is assessed separately.
Typical budget for a single journey
Variable
Not meaningful for international intended parents, because the pathway is closed to them. Any budget figures circulating online generally refer to domestic Indian altruistic arrangements and do not apply.
Risk levels
Legal predictability
LowCost predictability
VariableGeopolitical risk
LowFor international intended parents, the dominant fact is exclusion: there is no lawful route, so legal predictability for this audience is effectively nil. Domestic altruistic surrogacy for Indians is statute-based but tightly restricted.
Key risks & caveats
- Foreign nationals and OCI cardholders cannot commission surrogacy in India (2015 government circular).
- Commercial surrogacy is banned; only altruistic surrogacy for eligible Indian citizens is lawful (2021 Act).
- Old “surrogacy in India” marketing and guides are out of date — do not rely on them.
- Any India route requires Indian legal advice and is not available to this site’s international audience.
Questions to ask before you commit
Use these questions with agencies, clinics, lawyers, and consulates before signing or sending money.
- Are we (as foreign nationals or OCI cardholders) permitted to commission surrogacy in India at all?
- If we are Indian citizens, do we meet the 2021 Act’s eligibility-certificate conditions?
- What does the National/State Surrogacy Board require for an altruistic arrangement?
- Is any agency suggesting a foreigner route — and why would that be lawful?
- What are the penalties under the 2021 Act for non-compliant arrangements?
- Which independent Indian lawyer can confirm current rules for our situation?
Official sources reviewed
These official or legal sources were used to support this orientation page. They do not replace independent legal advice.
India Code — The Surrogacy (Regulation) Act, 2021
Official statute (in force 25 January 2022) permitting only altruistic surrogacy for eligible “intending couples,” banning commercial surrogacy, and creating National/State Surrogacy Boards and eligibility-certificate requirements.
Ministry of External Affairs (India) — Surrogacy Matters
Official MEA page citing the MHA circular of 3 November 2015: no visas are issued to foreign nationals (including OCI cardholders) to commission surrogacy in India, and no exit permission for children born through new foreign-commissioned arrangements — confirming India is closed to international intended parents.
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