Surrogacy File
Practical Checklist for a Surrogacy File
- Aadhaar/PAN of all parties
- Marriage certificate of intending couple
- Infertility and treatment records
- District Medical Board certificate
- Eligibility certificate
- Essentiality certificate
- Court order for parentage/custody
- 36-month insurance policy for surrogate
- Medical & psychological fitness certificates of surrogate
- Consent forms and clinic documentation
Under the current Indian surrogacy framework, both NRIs (Non-Resident Indians) and OCI cardholders (Overseas Citizens of India) are generally eligible to pursue altruistic surrogacy in India, subject to statutory conditions. Commercial surrogacy remains prohibited.
Eligibility for NRI / OCI Couples
The intending couple must typically satisfy the following requirements:
- Be legally married.
- Have a medical indication for surrogacy (certified infertility or inability to carry a pregnancy).
- Meet the prescribed age criteria:
- Wife: 23–50 years
- Husband: 26–55 years
- Obtain the required approvals/certificates from the competent authority under the Surrogacy (Regulation) Act, 2021.
- Use a registered ART/Surrogacy clinic in India.
Documents Commonly Required
- Valid Indian passport (for NRI) or OCI card (for OCI holder)
- Marriage certificate
- Proof of age
- Medical Board certificate indicating the need for surrogacy
- Certificate of Essentiality
- Certificate of Eligibility
- Surrogate mother's insurance documents
- Identity and address proofs
- Affidavits and declarations as required by the Appropriate Authority.
Recent Legal Developments
Under the current Indian surrogacy framework, both NRIs (Non-Resident Indians) and OCI cardholders (Overseas Citizens of India) are generally eligible to pursue altruistic surrogacy in India, subject to statutory conditions. Commercial surrogacy remains prohibited.
- Surrogacy (Regulation) Amendment Rules, 2024 Permission to the use of one donor gamete (egg or sperm) when either spouse has a certified medical condition requiring it. This reversed the earlier requirement that both gametes had to come from the intending couple.
- Indian courts continue to interpret the Act in special situations. For example, courts have granted relief in certain medical-condition cases and clarified how eligibility provisions should apply.
Criteria for becoming Surrogate Mother
- Knowing who is eligible to serve as a surrogate is crucial, and the following standards must be met in order to judge a woman's suitability for the role surrogates:
- Must be in perfect health.
- Should have no physical complications that are likely to cause pregnancy.
- Must not be overweight, smoke much, get involved in alcoholism or drug abuse because such traits would make her and the unborn baby at risk when she is acting as a surrogate mother.
- Should have had at least one previous child.
- Need to do so on an independent basis.
- Ought to be below 35 years.
- Surrogacy is both physically and emotionally demanding hence a support system including husband, friends or relatives must be provided.
- All practical, emotional and legal matters should be considered in detail. Also looked into is how it would affect any children already present as well as the surrogate mother’s partner, family or friends.