Is Surrogacy Legal in Delhi NCR?
Latest Surrogacy Rules, Eligibility & Legal Process (2025–2026)
Surrogacy in Delhi NCR is a legal medical option, but it operates under strict laws and regulations. For couples struggling with infertility, simply knowing whether surrogacy is legal is not enough. It is equally important to understand who is eligible, what procedures are allowed, what is prohibited, and how the legal process works.
This detailed guide explains the latest surrogacy laws in Delhi NCR (2025–2026), including eligibility criteria, legal procedures, banned practices, real-life examples, and frequently asked questions—clearly and without confusion.
Understanding Surrogacy Law in Delhi NCR (India)
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021 and the Surrogacy Rules, 2022. These laws apply uniformly across India, including Delhi, Noida, Gurugram, Faridabad, and Ghaziabad.
In simple terms:
✔ Surrogacy is legal in Delhi NCR
❌ Commercial surrogacy is illegal
✔ Only altruistic gestational surrogacy is permitted
1. What Type of Surrogacy Is Legal in Delhi NCR?
✅ Altruistic Surrogacy (The Only Legal Option)
Altruistic surrogacy means:
- The surrogate mother cannot receive any payment or profit
- Only medical expenses, insurance, and pregnancy-related costs are covered
- No agency fees, compensation, or financial deals are allowed
The objective is to prevent exploitation and ensure ethical surrogacy practices.
✅ Gestational Surrogacy
Only gestational surrogacy is legal in Delhi NCR:
- The baby is conceived through IVF
- The surrogate mother has no genetic relationship with the child
- Eggs and sperm belong to the intended parents or a medically approved donor
Donor Egg / Sperm Rule (2024 Amendment)
After the 2024 amendment:
- One donor gamete (either egg or sperm) is allowed
- Mandatory requirement: Medical necessity certificate from the District Medical Board
- Double donor surrogacy remains restricted
2. Who Is Eligible for Surrogacy in Delhi NCR?
Intended Married Couples
Surrogacy is allowed only for couples who meet the following criteria:
- Legally married heterosexual Indian couple
- Marriage duration of at least 5 years
- Husband’s age: 26–55 years
- Wife’s age: 23–50 years
- A valid medical certificate of infertility
Child Eligibility Rule
Generally:
- The couple must not have any living child
(biological, adopted, or through previous surrogacy)
Exception applies if:
- The existing child has a severe disability or terminal illness
Widows and Divorcees
Indian women who are:
- Widowed or divorced
- Aged 35–45 years
- Medically unable to conceive
Are legally eligible for surrogacy.
Citizenship Requirements
- Indian citizens are eligible
- OCI / PIO cardholders should verify state-specific implementation
- Foreign nationals, live-in couples, same-sex couples ❌ are not eligible
3. Who Can Become a Surrogate Mother?
Surrogate selection is one of the most strictly regulated aspects of surrogacy in Delhi NCR.
Mandatory Conditions:
- Must be a close relative of the intended couple
- Age between 25–35 years
- Must be an ever-married woman
- Must have at least one biological child
- Can act as a surrogate only once in her lifetime
These rules aim to prevent emotional, physical, and financial exploitation.
4. Banned Surrogacy Practices in Delhi NCR
The following actions are strictly illegal:
❌ Commercial surrogacy
❌ Paying or gifting money to the surrogate beyond expenses
❌ Advertising for surrogates (online or offline)
❌ Use of agents or middlemen
❌ Surrogacy for foreign couples
⚠ Legal Penalties
- Imprisonment up to 10 years
- Fine up to ₹10 lakh
- Cancellation of clinic registration
5. Legal Surrogacy Process in Delhi NCR (Step-by-Step)
Step 1: Choose a Registered Clinic
Only government-approved ART and surrogacy clinics are legally permitted.
👉 Internal linking suggestion: Best Surrogacy Clinics in Delhi NCR
Step 2: District Medical Board Approval
The couple must obtain:
- Certificate of Essentiality (proof of infertility)
- Certificate of Eligibility
Step 3: Surrogate Approval
Includes:
- Medical fitness examination
- Psychological evaluation
- Eligibility verification
Step 4: Mandatory Insurance
- 36-month insurance coverage for the surrogate
- Covers pregnancy and post-delivery complications
Step 5: Legal Parentage Order
- Issued by a First-Class Magistrate or higher
- Intended parents are declared the legal parents
- Their names appear on the birth certificate
Real-Life Example from Delhi NCR
Case:
A married couple from Gurugram struggled with infertility for 7 years. After multiple failed IVF attempts, the wife was diagnosed with a uterine condition preventing pregnancy.
Solution:
- Approval from the District Medical Board
- The wife’s sister agreed to become the surrogate
- Gestational surrogacy through a registered Delhi IVF clinic
- Legal parentage order obtained
A healthy baby boy was born, and the process remained legally smooth due to strict compliance with the law.
Cost Aspect: Expenses Despite Altruistic Surrogacy
Although commercial payments are illegal, certain expenses are unavoidable:
- IVF procedure costs
- Medicines and injections
- Insurance premium
- Hospital and delivery charges
- Legal documentation fees
This is why intended parents often search for the best surrogacy treatment in Delhi NCR, where transparency and legal compliance are ensured.
Important Tips Before Starting Surrogacy
✔ Always choose a registered clinic
✔ Execute written consent and agreements
✔ Avoid middlemen and “cheap surrogacy offers”
✔ Consult both a fertility specialist and legal expert
✔ Maintain proper documentation at every step
Conclusion
Yes, surrogacy is legal in Delhi NCR, but only when all provisions of the Surrogacy (Regulation) Act, 2021 and the latest rules are strictly followed. Surrogacy is not just a medical procedure—it is a sensitive legal, emotional, and ethical journey.
With the right guidance, transparent clinics, and proper legal support, intended parents can safely achieve parenthood through the best surrogacy treatment in Delhi NCR, without facing legal risks.
Frequently Asked Questions (FAQs)
Q1. Is commercial surrogacy allowed in Delhi NCR?
No. Commercial surrogacy is completely banned in India.
Q2. Is donor egg surrogacy legal?
Yes, but only with a medical necessity certificate from the District Medical Board.
Q3. Can single men opt for surrogacy?
No. Single men and same-sex couples are not eligible under current law.
Q4. How long does the surrogacy process take?
Typically 12–18 months, depending on approvals and medical factors.
Q5. How can I choose the best surrogacy treatment in Delhi NCR?
- Government-registered clinic
- Strong legal support
- Transparent cost structure
Experienced fertility specialists
