Surrogacy in India: Commercial Surrogacy Banned for Foreigners
Important: Since 2021, commercial surrogacy in India is banned. Foreign nationals cannot pursue surrogacy in India under any circumstances. Learn about the history and find alternative destinations.
Not Available for International Intended Parents
The Surrogacy (Regulation) Act 2021 prohibits surrogacy for all foreign nationals. This page provides educational information and helps you find legal alternatives.
Current Status: Not Available for Foreigners
As of 2026, the Surrogacy (Regulation) Act 2021 remains in full effect. Commercial surrogacy is banned, and surrogacy is only available to married Indian heterosexual couples using a close relative as an altruistic surrogate.
India's 2021 Surrogacy Regulations
The Surrogacy (Regulation) Act 2021 imposed strict limitations. Here's what the law prohibits:
Foreign Nationals Prohibited
International intended parents cannot pursue surrogacy in India under any circumstances. This includes citizens of all countries, regardless of marital status or family type.
Commercial Surrogacy Banned
Paying surrogates for carrying a pregnancy is now illegal in India. The 2021 law permits only 'altruistic' surrogacy where the surrogate receives no compensation.
Only Married Indian Couples
Surrogacy is restricted to married heterosexual Indian couples with documented infertility. The wife must be aged 25-50 and the husband 26-55.
'Close Relative' Surrogate Only
The surrogate must be a 'close relative' of the couple—a married woman aged 25-35 with her own child. This effectively rules out matched surrogates.
Medical Necessity Required
Surrogacy is only permitted for medical reasons—the intended mother must be unable to carry a pregnancy due to documented medical conditions.
Single Parents Excluded
Single individuals cannot pursue surrogacy in India, regardless of whether they are Indian citizens or foreign nationals.
The Rise and Fall of Indian Surrogacy
India was once the world's leading surrogacy destination. Here's how the landscape changed.
Unregulated Era
Surrogacy operated without regulation. India became an early destination for international surrogacy due to low costs and English-speaking medical professionals.
Commercial Surrogacy Boom
India became the world's leading surrogacy destination. 'Surrogacy tourism' grew rapidly, with costs around $25,000-$35,000 attracting thousands of international intended parents.
Restrictions Begin
Government guidelines started limiting surrogacy. Same-sex couples and single parents were excluded. Visa restrictions made it harder for certain nationalities.
Foreigner Exclusion
Foreign nationals were progressively excluded from accessing surrogacy in India. Only certain categories of Indian citizens and NRIs could proceed.
Surrogacy Regulation Act
The Surrogacy (Regulation) Act 2021 passed, banning commercial surrogacy entirely. Only 'altruistic' surrogacy for married Indian couples with medical need is permitted.
Current Status
Commercial surrogacy remains banned. Surrogacy is only available to married Indian heterosexual couples using a 'close relative' as an altruistic surrogate.
Alternative Surrogacy Destinations
Many intended parents who previously considered India have found successful paths in these legal destinations.
Ukraine
$45,000 - $65,000
Legal, affordable surrogacy for married heterosexual couples. Clear legal framework with intended parents on birth certificate.
Georgia
$40,000 - $55,000
Most affordable option with clear legal framework. Open to heterosexual couples and single women with medical need.
Colombia
$50,000 - $70,000
LGBTQ+ friendly with strong legal precedent. Welcomes all family types including single parents.
Argentina
$40,000 - $60,000
Affordable Latin American option with LGBTQ+ inclusion. Legal gray area but courts recognize intended parents.
Mexico (Sinaloa)
$55,000 - $80,000
Close to USA with explicit state legislation. Primarily for married heterosexual couples.
United States
$120,000 - $200,000
Gold standard in legal protection. Full inclusion for all family types in surrogacy-friendly states.
Which Destination is Right for You?
LGBTQ+ & Singles
Need inclusive options for all family types?
India Surrogacy FAQ
Can foreigners still pursue surrogacy in India?
No. The Surrogacy (Regulation) Act 2021 completely prohibits surrogacy for foreign nationals. This ban applies to all international intended parents regardless of nationality, marital status, or circumstances. Even NRIs (Non-Resident Indians) and OCIs (Overseas Citizens of India) have significant restrictions.
What about NRIs (Non-Resident Indians)?
NRIs and OCIs have limited options under the 2021 law. They may pursue altruistic surrogacy under certain conditions, but must use a 'close relative' as a surrogate and meet all other requirements for Indian citizens. This is highly restrictive and often impractical.
Why did India ban commercial surrogacy?
The Indian government cited concerns about exploitation of surrogates, 'surrogacy tourism,' and commercialization of reproduction. The 2021 law was intended to protect Indian women from potential exploitation while still allowing surrogacy for Indian families with genuine medical need.
Is there any way for foreigners to pursue surrogacy in India?
No. The 2021 law explicitly prohibits surrogacy for foreign nationals. There are no exceptions, workarounds, or special permits. Any agency claiming to offer surrogacy to foreigners in India is either operating illegally or misleading you.
What happened to surrogacy journeys that were in progress when the law changed?
The law included some transitional provisions for cases already in progress. However, as of 2026, all such transitions are long complete. No new cases for foreign nationals have been possible since the law took effect.
What are the best alternatives to India for international intended parents?
The best alternatives depend on your situation. Ukraine and Georgia offer affordable options for married heterosexual couples. Colombia and Argentina welcome LGBTQ+ parents. The USA offers maximum legal protection for all family types but at higher cost. We can help you find the right destination.
Are there agencies in India still offering surrogacy to foreigners?
Any agency offering commercial surrogacy to foreigners in India is operating illegally. Such arrangements put intended parents at legal risk, offer no protection, and contribute to unethical practices. We strongly advise against engaging with any such offers.
What should I do if I was previously planning surrogacy in India?
Redirect your journey to a legal destination. Many intended parents who previously considered India have found successful paths in Ukraine, Georgia, Colombia, or Mexico for comparable costs, or in the USA for maximum security. Start by understanding each destination's requirements and creating your profile with GlobalStork.
Find Your Alternative Path to Parenthood
While India is no longer an option, many other destinations welcome international intended parents. Create your free profile to explore legal surrogacy options tailored to your needs.