Surrogacy is not merely a matter of private contract. India has a regulated framework that includes eligibility requirements, certificates, registered clinics and a prohibition on commercial surrogacy.
Understand the law and process
The eligibility of intending parents or an intending woman, and that of the surrogate, is determined by separate conditions. Medical indication, certification by the relevant authority and prescribed safeguards are important. Do not claim blanket eligibility on the basis of an agreement or foreign citizenship. The distinction between permitted expenses and prohibited commercial payment must be considered. ART treatment and surrogacy are related but governed by separate regulatory frameworks; receiving treatment at an IVF clinic does not mean that all surrogacy requirements have been met. Questions such as donor gametes and medical circumstances should be examined under current rules and applicable orders, not outdated social media summaries.
In detail: What factors could affect the outcome?
Before making any payment, ask about the clinic’s registration and the status of required approvals. Obtain clear documents concerning the surrogate’s consent, insurance and medical safeguards. Do not put off prescribed records relating to the child’s parentage and custody on the assumption that they can be dealt with as a later formality. Share sensitive medical information securely and only with the professionals and authorities who need it.
What should you do?
- Have current eligibility and medical indication assessed by qualified professionals.
- Verify the clinic’s registration and the relevant certificates and approvals.
- Proceed only after the requirements concerning expenses, consent, insurance and parentage have been met.
Which documents should you keep?
Keep eligibility and medical certificates, clinic registration documents, consents, insurance documents and prescribed orders.
Hypothetical example
A clinic asks a couple to pay an advance and begin the programme without certificates. A package brochure is not legal approval. Before making payment, it is important to confirm regulatory eligibility and the required documents.
Can a notarised surrogacy agreement replace all legal requirements?
No. A private agreement is not a substitute for statutory eligibility, approval and safeguards.
Sources and related rules
Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.