What Is Altruistic Surrogacy in India? The Legal Process and Who It Helps
Learn what altruistic surrogacy means in India, who is eligible, the legal and medical process involved, expected timelines, costs, and how genetic relationships work under the current surrogacy framework.
Surrogacy is one of the most profound and complex pathways to parenthood available in reproductive medicine — and in India, it is one of the most heavily regulated.
The Surrogacy (Regulation) Act, 2021 and the ART (Regulation) Act, 2021 fundamentally changed what is legally permitted.
If surrogacy is on your radar as a path to parenthood, understanding the current legal framework, who is eligible, and how the process works is essential before taking any step forward.
At Yellow IVF, we guide intended parents through every stage with clinical expertise, legal clarity, and the compassionate support this journey deserves.
What Is Altruistic Surrogacy?
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Altruistic surrogacy is an arrangement in which a woman (the surrogate) carries a pregnancy for another person or couple (the intended parents) without receiving any commercial payment.
She may receive reimbursement for medical expenses, insurance, and direct pregnancy-related costs — but not a service fee. Commercial surrogacy is explicitly prohibited under the Surrogacy (Regulation) Act, 2021. Altruistic surrogacy is the only form that is legally permitted in India.
In gestational altruistic surrogacy — the standard clinical form — the embryo is created from the intended parents' gametes (or a donor where medically necessary under the ART Act) and transferred to the surrogate's uterus. The surrogate has no genetic connection to the child.
Who Is Eligible to Pursue Surrogacy in India?
The Act defines eligibility for intended parents clearly. As of the current regulatory framework:
Married heterosexual Indian couples: Eligible where the woman has a documented medical condition preventing pregnancy.
Widows aged 35–45: Eligible, using their own eggs or donor eggs.
Divorcees aged 35–45: Eligible, using their own eggs or donor eggs.
Single men: Not currently eligible.
Same-sex couples: Not currently eligible.
Foreign nationals: Not currently eligible.
Note: Eligibility criteria may evolve with legislative amendments. Always seek current legal advice at the time of enquiry.
Who Can Act as a Surrogate?
The surrogate must be a willing, close relative of the intended couple — assessed on a case-by-case basis by the appropriate authority.
She must be between 25 and 35 years of age, married, have had at least one biological child of her own, and can only act as a surrogate once in her lifetime.
Comprehensive medical, psychological, and legal evaluation is mandatory before any procedure begins.
The Legal Process: Step by Step
Step 1: Certificate of Eligibility
Both intended parents and the surrogate obtain certificates from the State or National Surrogacy Board. This requires medical documentation of the intended mother's condition and proof of the surrogate relationship.
Step 2: Certificate of Essentiality
A Certificate of Essentiality is issued to the intended couple confirming that surrogacy is medically necessary and no other reproductive option is appropriate.
Step 3: Surrogacy Agreement
A legally binding agreement is created between the intended parents and the surrogate. The agreement must be registered with the appropriate legal authority before any medical procedure begins.
Step 4: Court Order for Parentage
A court order confirms the intended parents as the legal parents of the child born through surrogacy.
Step 5: Birth Certificate
The child's birth certificate carries the names of the intended parents.
The Medical Process
Once legal approvals are in place, the clinical process runs in two parallel tracks — embryo creation for the intended parents and uterine preparation for the surrogate.
Intended Mother / Egg Donor
The intended mother or egg donor undergoes ovarian stimulation, followed by egg retrieval and fertilisation with the intended father's sperm through ICSI.
The resulting embryos are cultured to the blastocyst stage and then vitrified for future transfer.
The IVF process is explained in more detail here: IVF Treatment.
Information about embryo freezing is available here: Embryo Freezing.
Surrogate
The surrogate undergoes a full medical evaluation, followed by endometrial preparation using estrogen and progesterone.
Once the uterine lining is appropriately prepared, a frozen embryo transfer is performed, followed by luteal support and early pregnancy monitoring.
Yellow IVF centres in Gurgaon and Delhi are both experienced in managing the clinical components of altruistic surrogacy programmes.
Our altruistic surrogacy service page provides further programme details.
How Long Does the Surrogacy Process Take?
The legal eligibility certificate process may take approximately 2–4 months.
Surrogacy agreement registration may take approximately 1–2 months.
Embryo creation through an IVF cycle may take approximately 1–2 months.
Surrogate preparation and embryo transfer may take approximately 4–6 weeks.
Pregnancy and delivery take approximately 9 months.
The overall timeline can therefore extend considerably depending on legal approvals, medical evaluations, treatment requirements, and individual circumstances.
A Few Questions Patients Often Ask
Can we use donor eggs in a surrogacy arrangement?
Yes — where the intended mother cannot use her own eggs, donor eggs may be used under the ART (Regulation) Act, 2021.
The donor egg programme runs in parallel with the surrogacy process, and eligibility for donor eggs is assessed as part of the initial workup.
How long does the entire surrogacy process take?
From first consultation to birth, the process typically takes 18 to 24 months — the majority of that time being the legal approval process, which may take approximately 3 to 6 months, and the pregnancy itself, which lasts approximately 9 months.
The clinical steps, including the IVF cycle and embryo transfer, are relatively brief within this overall timeline.
What does altruistic surrogacy cost?
Costs include the intended mother's IVF cycle, the surrogate's medical evaluation and antenatal care, mandatory insurance coverage for the surrogate, and legal fees for agreements and court orders.
A detailed medical cost estimate is provided at your Yellow IVF consultation. Legal fees depend on the complexity of the process and the counsel engaged.
Is the child genetically related to us?
In gestational surrogacy using the intended mother's own eggs and intended father's sperm, yes — the child is genetically related to both intended parents.
Where donor eggs are used, the child is genetically related to the intended father only, or neither intended parent if donor sperm is also used.
These are important questions to discuss openly at your consultation.