Surrogacy in India: Legal, Ethical, and Expert Care at Delhi IVF and Fertility Research Centre

For some families, the dream of having a biological child is complicated by medical conditions that make pregnancy impossible or unsafe. Women who are born without a uterus, have undergone a hysterectomy, suffer from repeated miscarriages, or face serious health risks during pregnancy may still become parents through surrogacy. When carefully planned and legally compliant, surrogacy offers a safe and meaningful pathway to parenthood.

At Delhi IVF and Fertility Research Centre, we have been helping intended parents build their families since 1993. With more than 34 years of experience and over 25,000 successful deliveries, our team provides complete support for legal altruistic surrogacy in India. From fertility treatment and embryo creation to legal guidance and pregnancy monitoring, we ensure every step is handled with expertise, transparency, and compassion.

If you are considering surrogacy in India, our specialists will evaluate your medical eligibility, explain the latest legal requirements under the Surrogacy (Regulation) Act 2021, and guide you through the entire process with honest advice and personalised care. At Delhi IVF, our goal is to make your journey to parenthood as smooth, ethical, and successful as possible.

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Begin Your Surrogacy Journey

Looking for a Safe and Legal Surrogacy Programme in India?

Get expert guidance from the fertility specialists at Delhi IVF and Fertility Research Centre. We provide complete support for intended parents, including medical evaluation, IVF treatment, legal coordination, and pregnancy monitoring under the Surrogacy (Regulation) Act 2021.

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What is Surrogacy?

Surrogacy is an arrangement in which a woman, called the surrogate, carries and delivers a baby on behalf of another person or couple, called the intended parents.

Think of it like this. The intended parents provide the genetic material, either their own eggs and sperm or donor material. The surrogate provides the womb. She carries the pregnancy, gives birth, and then the child is raised by the intended parents. The surrogate has no legal claim to the child after birth.

Surrogacy is a deeply considered choice. It involves medical, legal, emotional, and ethical dimensions. At Delhi IVF, our role is to guide you through every one of these carefully and honestly.

Types of Surrogacy

Gestational Surrogacy: In gestational surrogacy, the surrogate has no genetic connection to the baby. The embryo is created using the intended mother's eggs and the intended father's sperm through IVF. The embryo is then transferred into the surrogate's uterus. This is the only type of surrogacy legally permitted in India today.

Traditional Surrogacy: In traditional surrogacy, the surrogate's own eggs are used, making her the biological mother of the child. Traditional surrogacy is not permitted under Indian law and is not offered at Delhi IVF.

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Surrogacy Laws in India: What You Need to Know

India's surrogacy landscape changed significantly with the Surrogacy (Regulation) Act 2021. Understanding this law is essential before beginning the process.

Who Can Pursue Surrogacy in India

Under the current law, surrogacy in India is available to:

  1. Married Indian couples where the wife has a medical condition that prevents her from carrying a pregnancy. A medical certificate from a government-authorised medical board is required.
  2. Indian widows and divorcees between the ages of 35 and 45 who wish to have a child through surrogacy.

Currently, the following are not permitted to pursue surrogacy in India:

  1. Foreign nationals or NRIs
  2. Same-sex couples
  3. Single men
  4. Unmarried couples

If you fall outside the eligible categories, your specialist at Delhi IVF will explain alternative pathways that may be available to you.

Who Can Be a Surrogate in India

Under the Surrogacy (Regulation) Act 2021, a surrogate must be:

  1. A close relative of the intended parents (altruistic surrogacy only)
  2. A married woman between 25 and 35 years of age
  3. A mother herself, with at least one living child of her own
  4. Willing to act as a surrogate only once in her lifetime
  5. Free from any financial arrangement, as commercial surrogacy is prohibited in India

Commercial surrogacy, where the surrogate is paid beyond medical expenses, is illegal in India. Only altruistic surrogacy, where the surrogate is a willing close relative, is permitted.

Who Should Consider Surrogacy?

Surrogacy is considered when pregnancy is medically impossible or poses a serious health risk to the intended mother.

Medical Conditions That May Require Surrogacy

Absence of the Uterus (Absolute Uterine Factor Infertility): Some women are born without a uterus (Mayer-Rokitansky-Kuster-Hauser syndrome) or have had a hysterectomy due to cancer, haemorrhage, or fibroids. When there is no uterus, carrying a pregnancy is simply not possible. Surrogacy is the only biological parenthood option available.

Recurrent Implantation Failure: Some women produce healthy eggs and good-quality embryos, but the embryo consistently fails to implant despite multiple IVF attempts. In carefully assessed cases where all other causes have been ruled out, surrogacy may be recommended.

Recurrent Pregnancy Loss: Women who have experienced multiple miscarriages despite healthy embryos and normal investigations may be assessed for surrogacy as an alternative path to parenthood.

Serious Medical Conditions Making Pregnancy Dangerous: Conditions such as severe heart disease, kidney failure, uncontrolled diabetes, or previous life-threatening pregnancy complications may make carrying a pregnancy a serious risk to the mother's life. In these situations, surrogacy protects the intended mother while still allowing biological parenthood.

Failed Uterine Treatments: Women with severe intrauterine adhesions (Asherman's syndrome) or a significantly damaged uterine lining that has not responded to treatment may be candidates for surrogacy after all other options have been exhausted.

The Surrogacy Process at Delhi IVF: Step by Step

Surrogacy involves more steps than a standard IVF cycle because it includes both the medical and legal processes. Here is a clear overview.

Step 1: Initial Consultation and Medical Assessment

Your first appointment at Delhi IVF includes a full medical review of both intended parents. This assesses whether surrogacy is medically necessary, which is a legal requirement in India. A government-authorised medical board must issue a certificate confirming the medical indication before the process can proceed.

Step 2: Legal Process and Surrogate Identification

The intended parents identify a suitable close relative who is willing to act as a surrogate under the altruistic arrangement permitted by Indian law. Legal agreements are drawn up and approved before any medical treatment begins. Delhi IVF works with experienced legal professionals familiar with the Surrogacy (Regulation) Act 2021 to guide this process.

Step 3: Medical Assessment of the Surrogate

The surrogate undergoes a thorough medical and psychological evaluation at Delhi IVF. This includes blood tests, infectious disease screening, uterine assessment, hormonal profile, and a psychological evaluation to confirm she is a willing and informed participant.

Step 4: IVF Cycle for the Intended Mother

The intended mother undergoes an IVF cycle to retrieve eggs. These eggs are fertilised with the intended father's sperm through standard IVF or ICSI. The resulting embryos are cultured to blastocyst stage. Genetic screening (PGT-A) may be recommended at this stage to select the chromosomally healthiest embryo.

Step 5: Uterine Preparation for the Surrogate

The surrogate's uterine lining is prepared using hormone medications to create optimal conditions for embryo implantation. Lining thickness and pattern are monitored with serial ultrasound scans.

Step 6: Embryo Transfer to the Surrogate

When the surrogate's lining is ready, the selected embryo is transferred into her uterus through a standard frozen embryo transfer procedure. It takes about 10 minutes and requires no anaesthesia.

Step 7: Pregnancy Monitoring

If the transfer is successful, the surrogate's pregnancy is monitored closely throughout. Delhi IVF coordinates with the surrogate's local medical team if she is not based near the clinic to ensure continuity of antenatal care.

Step 8: Birth and Legal Parentage

At birth, the legal parentage of the child is established in the intended parents as provided under the Surrogacy (Regulation) Act 2021. The intended parents are the legal parents of the child from birth.

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Talk to India’s Trusted Surrogacy Experts

Not Sure Whether You Qualify for Surrogacy in India?

Our experienced team will review your medical history, explain eligibility requirements, and help you understand every legal and medical step involved in altruistic surrogacy.

Call Now: +91-9810600235

Surrogacy Cost in India

Surrogacy is a significant financial commitment. Under the current Indian law, commercial surrogacy is prohibited, which means the surrogate cannot receive payment beyond reasonable medical expenses and insurance.

Typical costs in a legal altruistic surrogacy arrangement in India include:

  1. IVF cycle for the intended mother: Rs 1,00,000 to Rs 2,00,000
  2. Surrogate's medical screening and monitoring
  3. Embryo transfer cycle for the surrogate
  4. Surrogate's medical insurance and maternity care
  5. Legal fees for drafting and registering the surrogacy agreement
  6. Government-authorised medical board certificate fees

Total costs vary significantly depending on the number of IVF cycles needed, whether genetic testing is used, and the legal process involved. At Delhi IVF, all costs are outlined clearly before treatment begins.

To learn more about surrogacy costs in India and the legal requirements governing the process, read our complete Surrogacy Cost and Legal Guide in India. Click here: Surrogacy Cost and Legal Guide

Real Families. Real Stories.

Our Team

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Senior IVF consultants, embryologists and gynaecologists working as one team.

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Dr. Anoop Gupta

Dr. Anoop Gupta

Director & IVF Specialist, Delhi IVF & Fertility Research Centre

⭐34+ Years Experience
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Dr. Aastha Gupta

Dr. Aastha Gupta

Infertility Specialist, Obs & Gynae (Gold Medalist)

⭐15+ Years Experience
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Mrs. Alka Gupta

Mrs. Alka Gupta

Chief Embryologist, Delhi IVF & Fertility Research Centre

⭐32+ Years Experience
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Dr. Mannan Gupta

Dr. Mannan Gupta

MBBS & MS – Obstetrics & Gynaecology, Maulana Azad Medical College

⭐10+ Years Experience
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Dr. Vinnie Sandhu

Dr. Vinnie Sandhu

MD (Moscow), Obstetrics & Gynaecology

⭐30+ Years Experience
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Why Families Choose Delhi IVF and Fertility Research Centre for Surrogacy

Choosing a surrogacy centre is one of the most important decisions in your journey to parenthood. Surrogacy involves far more than an IVF cycle. It requires expert fertility treatment, legal compliance, careful coordination, emotional support, and ongoing pregnancy monitoring. At Delhi IVF, families receive comprehensive guidance at every stage, ensuring the process is handled with professionalism, transparency, and compassion.

With more than 34 years of experience in fertility care and over 25,000 successful deliveries since 1993, Delhi IVF has helped thousands of couples achieve their dream of having a child. Our dedicated team manages every aspect of the surrogacy process, from medical eligibility assessment and embryo creation to surrogate screening, legal documentation, and antenatal follow-up.

What Families Experience at Delhi IVF

  1. Complete Surrogacy Programme covering medical treatment, legal guidance, and counselling support
  2. 25,000+ Successful Deliveries achieved through advanced fertility care
  3. Strict Legal Compliance with the Surrogacy (Regulation) Act 2021
  4. Comprehensive Screening of both intended parents and the surrogate
  5. Psychological Counselling for all parties throughout the journey
  6. Honest Eligibility Assessment with clear guidance on whether surrogacy is legally available
  7. Advanced Embryology Support to maximise embryo quality and implantation potential
  8. Continuity of Care from the first consultation to the birth of your child
  9. Transparent Cost Planning with no hidden charges
  10. Compassionate, Personalised Care focused on your unique family-building goals

At Delhi IVF, we understand that surrogacy is both a medical and emotional journey. Our role is to provide ethical, legally compliant, and expert care so you can move forward with confidence and peace of mind.

Our Success Stories

25000 Happy Couples with real stories from Delhi IVF Patients,

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What our patient's are saying

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I am very happy with my wife by listening news of getting 2 babies in womb after ultrasound. Some time ago we were panicked but now we are very happy. Its a great news for us. We are thankful to Delhi IVF & Fertility Centre.

Manish Gupta
IVF with ICSI

I am so happy to share that my IVF result came positive. Thank you Delhi IVF and Dr Anoop Gupta and Dr Aastha Gupta. The team here is amazing very professional, kind and encouraging. Thank you for giving us hope and happiness truly the best clinic for IVF.

Deepa Kumari
IVF with ICSI

Started with great first initial virtual with Dr Anoop Gupta ,Dr Aastha and team especially Beautiful Preeti ,explained everything perfectly with clear cost of treatment and services provided .Managed to come to the Centre from London in December greeted with nice supportive staff team ,as we had limited time ,all the tests and treatment started quite quickly and continued nicely till the end of.Very impressive experience to be here and feel blessed already Thank you for everything

Navneet Kaur
IUI Procedure

Delhi IVF is the most trusted place, Dr. Anoop Gupta and team, as well as all the staffs are very kind and knowledgeable. Thank you! I got pregnant at first try. I am very happy now. I don't get word to express my feelings and how thankful I am for all Delhi IVF Doctors and staffs.Thank you again.

Angle Thar
Egg Freezing

We are so happy to share that after trying from 11 years we conceived from Delhi IVF in first cycle I am very happy I work in TV9 as a journalist and I came here through reference and then first IVF successful with twins I will recommend everyone to come here for any problem with conceiving.

Rohit Nirwal
IVF with ICSI

Today was my first visit to Delhi IVF centre in srinagar and i felt very good after coming here.The treatment was excellent.I want to tell everyone that if there is any good IVF centre in kashmir.it is only one Delhi IVF centre where Dr.Anoop Gupta provides treatment thank you so much.

Manzoor Paul
IVF with ICSI

My partner and I highly recommend the Dr. Anoop Gupta & his clinic Delhi IVF & fertility centre!!! Our experience was absolutely fantastic; the nurses are very kind, helpful and extremely talented across the whole range from doctors, nurses, and administrators.

Baabul Kumar
IVF with ICSI

I am very happy and my experience with Delhi IVF center is very nice. Now I'll get my 2 baby from the treatment in Delhi IVF. Very good and helpful staff. And I have no words for Dr. Anoop Gupta, he is very kind and well caring.Thank you Dr. Gupta and all staff members.

Ravi Prakash
IVF with ICSI

It's an amazing IVF centre, all doctors and staff are very supportive. We have been trying since a very long time, finally got success, all thanks to Delhi IVF.

Kundan Sinha
Egg Freezing

Very good experience after visiting and meeting with Dr. Anoop gupta ji and his team. Before visiting here we had lost all hopes of conceiving baby but here we got confidance again and successfully gives birth to beautiful princess.

Dinesh Chauhan
IVF with ICSI

I am short of words when it comes to thanking Delhi IVF for what it has given me. I had been trying for 8 yrs and this clinic has given me the best gift ever. The team of doctors led by Dr Gupta and Dr Vinny are very helpful and caring.

Anubha Singh
IVF with ICSI

Dr Gupta is an amazing doctor. I strongly advise to all friends and family who are struggling to become parents. You are assured to have a very satisfying experience and you could faith him fully to make the best result for you.

Rohit Lakra
IVF with ICSI

I am very happy with my wife by listening news of getting 2 babies in womb after ultrasound. Some time ago we were panicked but now we are very happy. Its a great news for us. We are thankful to Delhi IVF & Fertility Centre.

Manish Gupta
IVF with ICSI

I am so happy to share that my IVF result came positive. Thank you Delhi IVF and Dr Anoop Gupta and Dr Aastha Gupta. The team here is amazing very professional, kind and encouraging. Thank you for giving us hope and happiness truly the best clinic for IVF.

Deepa Kumari
IVF with ICSI

Frequently Asked Questions

Q1: Is surrogacy legal in India in 2025?

Yes, but only altruistic surrogacy is permitted. The Surrogacy (Regulation) Act 2021 allows married Indian couples with a certified medical need to pursue surrogacy using a willing close relative. Commercial surrogacy and surrogacy for foreign nationals are currently not permitted under Indian law.

Q2: Who is eligible for surrogacy in India under the 2021 law?

Married Indian couples where the wife has a medically certified condition preventing pregnancy are eligible. Indian widows and divorcees between 35 and 45 are also eligible. Foreign nationals, same-sex couples, single men, and unmarried couples are currently not permitted to pursue surrogacy in India.

Q3: How much does surrogacy cost in India?

Surrogacy costs in India vary depending on the number of IVF cycles needed, genetic testing, and legal fees. Costs typically include the IVF cycle (Rs 1,00,000 to Rs 2,00,000), surrogate's medical care, insurance, and legal agreement fees. Commercial payment to the surrogate is prohibited under Indian law.

Q4: Can a surrogate mother keep the baby in India?

No. Under the Surrogacy (Regulation) Act 2021, the surrogate has no legal right to the child after birth. Legal parentage is established in the intended parents from birth, provided all legal agreements are properly completed and registered before the surrogacy arrangement begins.

Q5: Who can be a surrogate in India under the new law?

A surrogate must be a close relative of the intended parents, married, between 25 and 35 years of age, a mother herself with at least one living child, and willing to act as a surrogate only once in her lifetime. She must not receive any payment beyond medical expenses and insurance.

Q6: How long does the surrogacy process take in India?

The complete surrogacy process in India typically takes 18 to 24 months from initial consultation to birth. This includes medical assessments, the legal process, the IVF cycle, embryo transfer, and the full nine-month pregnancy. Beginning the legal process early is important as it runs alongside medical preparation.

Q7: What medical conditions qualify a woman for surrogacy in India?

Conditions that may qualify include absence of the uterus, hysterectomy, severe Asherman's syndrome, recurrent implantation failure after multiple IVF cycles, recurrent pregnancy loss with no treatable cause, and serious health conditions such as heart disease or kidney failure that make pregnancy dangerous.

Q8: What is the difference between altruistic and commercial surrogacy?

In altruistic surrogacy, the surrogate is a willing close relative who receives no financial payment beyond medical expenses. In commercial surrogacy, the surrogate is paid a fee. Commercial surrogacy is illegal in India under the Surrogacy (Regulation) Act 2021. Only altruistic surrogacy is currently permitted.

Q9: Does the surrogate have any parental rights over the baby in India?

No. In gestational surrogacy, the surrogate has no genetic connection to the baby and no parental rights. The intended parents are the legal parents of the child from birth. All parental rights and responsibilities rest with the intended parents once the legal surrogacy agreement is in place.

Q10: Can NRIs or Indian couples living abroad pursue surrogacy in India?

No. Under the current Surrogacy (Regulation) Act 2021, foreign nationals and NRIs are not permitted to pursue surrogacy in India. Only resident Indian married couples with a certified medical indication or eligible Indian widows and divorcees qualify. If you are an NRI, your specialist at Delhi IVF can advise on available alternatives.

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Make Parenthood Possible Through Surrogacy

When Pregnancy Isn’t Possible, Surrogacy Can Help You Build Your Family.

At Delhi IVF and Fertility Research Centre, we combine advanced IVF technology with compassionate care and strict legal compliance to help intended parents achieve their dream of having a child.

Call Now: +91-9810600235