Is Surrogacy Banned In India?

No, surrogacy isn’t actually and fully banned in India. The one type of surrogacy, which is commercial surrogacy, is the one that is banned in India. And just in case you’re wondering about the legality of it all, well, there is the entire process, which is regulated under two major laws:

• The Surrogacy (Regulation) Act, 2021
• The Assisted Reproductive Technology (Regulation) Act, 2021

The two legislations are quite explicit about the people who are entitled to choose a surrogate, those who are surrogates, as well as the details of the process being managed legally in India.

How We Got Here

It’s somewhat true that India was once a global hub for surrogacy, but the time is not that far gone. Numerous people from different countries used to come to India to have surrogate babies because it was cheaper and more accessible. The circumstances evolved gradually, and the nation no longer maintained its standing. Later on though, the media covered a gamut of stories about women being sexually abused, underpaid, and forced into surrogacy without the necessary medical and legal protection.

The Indian authorities made the decision to act in order to put an end to the abuse. So sure enough, then, it was forbidden for foreigners to come to India to undergo surrogacy in 2015. Subsequently, an end to surrogacy was announced with the introduction of the Surrogacy (Regulation) Act 2021.

So yes, since January 2022, only altruistic surrogacy has been legally allowed in the country.

Commercial vs. Altruistic Surrogacy

Let’s make this clear once and for all.

• Commercial Surrogacy: In the case where it is paid to a woman, the payment is made in cash or gifts, or any other form except medical costs, to be a carrier of a child. India has forbidden this practice totally. Those who are caught organizing or helping this activity can be imprisoned or fined.
• Altruistic Surrogacy: This is the situation when a woman voluntarily offers her womb to another one due to sympathy with no monetary gain, like if she is fully insured for medical and other health expenses, and that is all. The whole process is through love, not trade.