Surrogacy in India: The Law for Foreigners and NRIs

Understand what Indian law allows, why foreign nationals cannot commission surrogacy in India, and what alternatives exist.

Also known as: surrogacy India foreigners, Surrogacy (Regulation) Act 2021, altruistic surrogacy

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Understanding your options

Under the Surrogacy (Regulation) Act, 2021, commercial surrogacy is banned in India. Only altruistic surrogacy is allowed, where the surrogate receives no payment beyond medical expenses and insurance. It is limited mainly to Indian married couples who meet age and medical criteria and hold certificates from the authorities, and to some Indian widowed or divorced women. Foreign nationals are not eligible. Clinics offering paid surrogacy to foreigners would be breaking the law.

We do not arrange surrogacy for foreign nationals. Eligibility rules for Indian-origin and OCI couples have been the subject of court cases and government notifications, so take current legal advice in India before making any plans.

Commercial surrogacy ban
Who is eligible
Legal fertility alternatives in India

Questions for your consultation

  • Do I qualify under Indian law, based on my citizenship and marital status?
  • Is IVF with my own or donor eggs an option for us instead?
  • What legal advice should I take before starting treatment?

Cost of Surrogacy in India: The Law for Foreigners and NRIs

An individual estimate needs a defined plan and provider review. Ask for a written breakdown rather than comparing package names alone.

  • Legal advice on eligibility
  • IVF or donor-egg IVF as an alternative
  • Certificates and approvals for eligible Indian couples

Confirm what is included, quotation validity, possible additional charges, and cancellation terms. Allow separately for accommodation, travel, local transfers, coordination fees, and care after returning home.

Recovery and follow-up planning

If surrogacy is not possible for you in India, IVF, donor-egg IVF, or embryo freezing may still be available, subject to the ART (Regulation) Act and clinic assessment.

Common questions

No. Indian law does not allow foreign nationals to commission surrogacy in India.

No. Commercial surrogacy and advertising it are criminal offences in India.

Yes. IVF is available to international patients at registered clinics, subject to the ART (Regulation) Act, 2021.

Further reading

This guide supports a conversation with a qualified clinician. Suitability, alternatives, risks, recovery, and travel readiness require an individual assessment.