Surrogacy, a beautiful yet complex path to parenthood, has become an increasingly popular option for individuals and couples facing infertility or other reproductive challenges.

What is Surrogacy?

• Surrogacy is a reproductive arrangement where a woman known as the surrogate carries and delivers a child for intended parents or individuals.
• Basically a couple who are facing difficulty to conceive via natural process, IUI, Failed IVF's or due to any other infertility issues and who are really looking for the parenthood goes for surrogacy, where a another who is called as surrogate women bears and delivers the child for the couple.
• There are two primary types of surrogacy: traditional surrogacy, where the surrogate is genetically related to the child and gestational surrogacy where the surrogate carries a child conceived through in vitro fertilization (IVF) using the intended parents' or donors' genetic material.

Medical Laws in India for Surrogacy :

Old Law -

• A notification issued by the government of India on March 2023 "banned donor gametes (ova or egg cells & sperm) for couples intending to undergo surrogacy"
• The law in simpler terms was the couple undergoing surrogacy must have both eggs and sperms from the intending couple and not for any donor.

New Law -

• The above law of banned donor gametes was quashed by honorable Supreme Court in 2024.
• As the court had observed that the very purpose of of surrogacy would get defeated by the such rules.
• So now a couple who wants to go under surrogacy can have donor gametes egg / ova or sperm.

Other Laws-

• Currently surrogacy for an unmarried women is not allowed and not considered by the laws of surrogacy. As the apex court expressed reservations on it and observed that the institution of marriage has to be protected and preserved in the country
• Section 2(s) of the Surrogacy regulation act defines "Intending Women"as in Indian women who is widow or divorcee in the age group if 35 years- 45 years and intends to avail surrogacy.
• Single Unmarried women are not allowed to become mothers through surrogacy.

Resources :

1. Surrogacy Regulations
2. Surrogacy Act 2021

Dr.Dhammick Shinde PT

Dr.Dhammick Shinde PT is Founder & Managing Director of Cura Advanced Physiotherapy. He has completed his MBA in Healthcare management & is currently pursuing Diploma in Medico Legal Law. He is Certified Dry Needling Therapy & Mannual Therapy. He also holds a Fellowship Certification on Radiology Course for Physiotherapists. He also has expertise in Stroke Rehabilitation.

Click Here