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Understanding Surrogacy in India

Many of us hate doing research work. But we at IVF Spring Fertility Centre know that it is very crucial to build awareness and gather information before starting your infertility journey. If you are looking for a content that provides you with the latest infertility happenings, then keep reading this piece of content, you are doing it all right! This content is all about the Surrogacy Bill, which ensures effective regulation of surrogacy, there’s still some controversy about this topic, so IVF Spring Fertility Clinic thought of awaring you about this new law passed.

Commercial surrogacy is legal until the Surrogacy (Regulation) Bill pass in Raj Sabha, So currently IVF Spring Centre runs commercial surrogacy and be sure to make use of this opportunity before the Indian Surrogacy laws change, it seems like surrogacy in India won’t be possible any time soon for international parents.

Surrogacy (Regulation) Bill prohibits commercial surrogacy with penal provisions of a jail term of up to 10 years and a fine of up to 10 lakh and allows altruistic surrogacy to needy infertile couples. This Surrogacy (Regulation) Bill was passed by Lok Sabha and it will become an Act after the Rajya Sabha’s nod. If you are thinking about surrogacy, you need to find out how it works, laws related to it and see if it’s right for you.


Indian Government passed new regulations on the surrogacy process allows altruistic surrogacy to solely infertile couples, who have been married for a minimum of five years. An important condition in the Bill is that surrogacy can only be undertaken by a close relative who has been married and has had a child of her own and there is no monetary exchange except for necessary clinical expenses. The Bill additionally recommends a provision for the constitution of a National Surrogacy Board, State Surrogacy Boards and appointment of applicable authorities for regulation of the practice and process of surrogacy.

What is an altruistic surrogacy arrangement?

  • According to the new Surrogacy Bill, authorized by Lok Sabha, it includes contracting a close relative as a surrogate by a heterosexual family who is childless for five years of their marriage.
  • In the laws on surrogacy allow only altruistic arrangements where the surrogate can be paid only reasonable expenses.
  • The fluidity in defining reasonable expenses means that this should ideally include payment for medical remedy, and in-vitro fertilisation (IVF) but may additionally encompass other “expenses”.

Who can opt for surrogacy?

  • Indian residents who have been married for at least five years.
  • The woman should be ages 23-50 and the man, 26-55 years.
  • Couples shouldn’t have any surviving child (biological, adopted or surrogate), except one who is physically or mentally challenged or suffers from a life-threatening disorder or fatal illness.
  • Must be declared medically unfit to bear their own child.

Who can be a surrogate mother?

  • A close relative of the couple.
  • She can be a surrogate mother just once in her lifetime.
  • A married woman with a child of her own, aged 25-35.
  • Should be certified as medically and psychologically fit.
  • She is prohibited from donating her own gametes (egg) for surrogacy.

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