India’s Surrogacy and IVF Laws & Options

Laws for NRIs for Surrogacy in India

Is surrogacy in India for NRI (Non-Resident Indians) allowed?

Yes, if they are Indian passport holders. But if they are OCI/PIO, it is recommended to contact our case manager to discuss your specific case. There are legal filings that need to me made as part of the surrogacy process and will be filed by the lawyer kept on behalf of the intended Parent. These include:

• Medical Indication and need for surrogate – Board
• Parental Order before Magistrate
• Eligibility documentation – by Intended Parents
• Eligibility documentation – by surrogate
• Essentiality Certificate – from IVF Physician
• Others – as needed.

Who is not eligible for surrogacy in India?

Foreign nationals who are not OCI cardholders or NRIs may not be eligible for surrogacy in India under the current regulations.

Is surrogacy legal in India for Indian citizens?

Yes, surrogacy is legal in India for Indian citizens. Intended Parents should not have any children from earlier marriages or relationships. Furthermore, the couple must engage a willing married woman as a surrogate, who already has at least one child.