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Under the latest surrogacy act

Surrogacy is defined as the practice where one woman bears and gives birth to a child for an intending couple with the intention of handing over the child to the couple after birth.

The surrogate mother is a woman who agrees to bear a child, which is genetically related to the intending couple or intending woman, from the process of implantation of an embryo in her uterus.


A married woman in the age group of 25-35 years, having her own child. She should not have provided her eggs. She is allowed to act as a surrogate only once in her lifetime. She should have a medical and psychological fitness certificate. She should have an eligibility certificate issued by the Appropriate authority.

A couple where the husband is 26-55 years old and the wife is 23-50 years of age. They should have no living child(biological, adopted or by surrogacy unless that child is physically challenged or has any disorder). They should have an eligibility certificate issued by the appropriate authority after ascertaining the medical cause for which surrogacy is sought.

NO. Under the latest law, surrogacy can only be performed for altruistic reasons and not for money.

Can a single woman opt for having her child through surrogacy? A single woman can opt for surrogacy only if she is a widow or divorcee between the age group of 35-45 years.

No. At present, surrogacy is allowed to be performed only for those couples who are Indian citizens

  • Essentiality certificate issued by the Appropriate authority (District medical board)after confirming the presence of a medical condition which necessitates opting for surrogacy.
  • Order of Parentage and custody issued by the JFMC.
  • Insurance cover for a period of 36 months to cover postpartum complications.
  • Eligibility certificate for the intending couple
  • Eligibility certificate for the surrogate mother