What You Must Know About Surrogacy Laws in India in 2025

Introduction

Many hopeful parents are faced with a complex and emotionally charged journey when it comes to surrogacy. It offers a beacon of hope to couples struggling with infertility or medical conditions that prevent natural conception. Surrogacy has gained prominence in India over the years as a viable solution, but it is imperative that one understands the legal lawyer in India and ethical aspects of this process.

My experience as a lawyer specializing in family and matrimonial law has exposed me to numerous cases involving surrogacy, and I believe a thorough understanding of its legal and ethical aspects is vital to anyone contemplating this path. We will explore the nuances of surrogacy in India in this blog, addressing the questions you should ask before embarking on this process.

India's legal framework

Indian surrogacy has been governed by a legal framework which has evolved over time. Among the most significant changes was the introduction of the Surrogacy (Regulation) Bill, 2019, which was aimed at regulating surrogacy and clarifying the rights and responsibilities of all parties involved in the process.

According to the current legal framework, surrogacy is only available to heterosexual Indian couples who have been married for a minimum of five years and have been medically diagnosed as infertile. It is prohibited to use commercial surrogates as long as the surrogate mother is a close relative and the entire process is altruistic.

Considerations of an ethical nature

Surrogacy in India is supported by a legal framework, however ethical considerations are equally important. It is important to consider the emotional and psychological implications for all parties, especially the surrogate mother, and ensure that the process is carried out with the greatest level of compassion and sensitivity.

Consent based on informed knowledge:

The surrogate mother must fully comprehend the physical and emotional challenges she may encounter during pregnancy and childbirth in order to give their informed consent willingly.

Psychological and medical evaluation:

The intended parents and the surrogate mother should undergo comprehensive medical and psychological evaluations in order to ensure their health and well-being during the pregnancy.

Fairness in financial matters:

Surrogacy in India is altruistic, but intended parents are responsible for all medical and living expenses incurred by the surrogate mother. An adequate compensation should be provided in order to ensure the welfare of the surrogate mother.

Support from an emotional standpoint:

Surrogacy requires all parties to take care of their emotional well-being. Counseling and support are essential to maximize the positive outcomes of the surrogacy.

Conclusion

Surrogacy in India offers a great deal of promise for families who otherwise would have had difficulty conceiving children. However, it is essential to navigate this path with a thorough understanding of the legal and ethical aspects involved. In my capacity as a lawyer practicing matrimonial and family law, I am committed to providing information about surrogacy rights and responsibilities to anyone considering surrogacy in India. Throughout this journey, care, compassion, and a strong commitment to ethical practices should be demonstrated.

We can be reached at +91 9845944896 or by email at lawyersonia.com. We will be more than happy to guide you through the process, protecting the interests and rights of all parties involved. “Sonia and Partners” is a boutique law firm led by Adv. As part of her team, Sonia Rajesh represents clients in both District Courts and High Courts with a team of qualified lawyers and one of the best legal practitioners in Bangalore. She specializes in family law and criminal defense for Indians, Overseas Indians, Nonresident Indians, and international clients.