Surrogacy and ART in India 2025: The Complete Legal and Compliance Framework By Lex Curiam — with insights from Divyanshu Priyam

Surrogacy in India has transformed from a loosely monitored medical arrangement into a legally structured, ethically monitored, and compliance-driven process. This shift was anchored by the enactment of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act). Together, these twin legislations have created one of the most detailed reproductive-rights frameworks in the world, ensuring that parenthood achieved through assisted technology is transparent, traceable, and respectful of human dignity.

According to Divyanshu Priyam, Founder of Lex Curiam, “India’s surrogacy laws no longer see childbirth as a service — they see it as a responsibility protected by compliance. Every step, from certification to birth registration, is now governed by law, not convenience.” He further adds, “The compliance architecture is as important as the medical process. Documentation, Court Order, Insurance, and Registry reporting are not mere formalities — they form the backbone of legal legitimacy in assisted parenthood.”

The Surrogacy Act 2021, which came into force on 25 January 2022, completely prohibits commercial surrogacy and permits only altruistic surrogacy, where the surrogate mother receives no monetary reward beyond medical and insurance expenses. The Act safeguards all parties by mandating registration of clinics, prior approval from competent authorities, compulsory insurance for the surrogate mother, and a formal surrogacy agreement clearly defining rights and responsibilities. It recognises the intending couple as the legal parents of the child from the moment of birth, eliminating ambiguity over guardianship or citizenship. By institutionalising insurance, counselling, and consent procedures, India now runs one of the most welfare-oriented surrogacy systems worldwide.

The ART Act, 2021 complements the Surrogacy Act by regulating fertility clinics, ART (Gamete) banks, embryo handling, and consent protocols. It requires that every ART clinic and ART bank be registered with the National ART and Surrogacy Registry, maintains clinical and consent records for a minimum of 10 years and 25 years respectively, and submit monthly data for digital audit. It bans the sale, trading, import, or export of embryos and gametes, and imposes a strict prohibition on sex selection or genetic modification. Clinics must secure informed written consent from all participants — donors, surrogate mothers, and intending parents — before any procedure. Violations invite penalties of up to ₹10 lakh and imprisonment, making India’s fertility compliance standards among the toughest globally.

In 2024, the Government introduced the Surrogacy (Regulation) Amendment Rules, making the law medically adaptive while retaining its ethical core. Under these rules, couples who cannot use their own gametes due to medical conditions may use one donor gamete (egg or sperm) with written approval from a District Medical Board. At least one gamete must belong to the intending couple, ensuring biological linkage and accountability. All donor data is documented under the ART Act for traceability, and clinics must update the National Registry once donor consent and certification are complete. Divyanshu Priyam notes, “This amendment is a pragmatic reform. It recognises genuine medical challenges without diluting the altruistic essence of surrogacy — a fine example of legislative balance.”

Eligibility under these laws is clearly defined. Only Indian married couples may pursue surrogacy; the wife must be between 23 and 50 years, and the husband between 26 and 55 years. They must obtain a medical certificate of infertility and confirm that they have no surviving biological or adopted child, except in cases of disability. The surrogate mother must be an Indian citizen, 25–35 years old married, and must have one biological child of her own. She may act as a surrogate only once in her lifetime and must undergo full medical, psychological, and legal screening. The intending couple must provide 36 months of post-delivery insurance to cover medical or maternal complications.

Compliance is the true hallmark of the new surrogacy regime. Clinics must display their registration licence issued by the Appropriate Authority, maintain complete case files, and file monthly compliance reports on the artsurrogacy.gov.in portal. Each embryo transfer, donor use, and delivery outcome must be recorded digitally with a unique identification code. The Appropriate Authority and State Surrogacy Boards are empowered to conduct surprise inspections, audit necessary compliances, and verify adherence to ethical standards. Non-compliance can result in suspension of licence, financial penalties, or criminal prosecution under Sections 35 to 38 of the ART Act.

The procedural framework operates in several clear phases. First, the intending couple are screened and certified by a District Medical Board, which verifies infertility and health status. They then apply to the State Appropriate Authority for a Certificate of Eligibility and a Certificate of Essentiality. Once these are issued, the parties execute a legally binding surrogacy agreement, specifying medical responsibilities, insurance coverage, expenses, and parentage. The same is ratified via a Court Order after both Surrogate Mother and Intending Couple appear before the Judicial Magistrate First Class. Only after approval may the registered ART clinic which had recommended the surrogacy may conduct in-vitro fertilisation (IVF) and embryo transfer, all under strict supervision. The surrogate’s pregnancy is monitored medically and legally through periodic compliance reporting. Upon birth, the child’s birth certificate lists the intending couple as the legal parents, completing the process. All documents — including consent forms, insurance details, medical reports, and registry entries — must be preserved for at least 25 years for audit purposes.

The National and State ART & Surrogacy Boards ensures enforcement through audits and investigations. Operating without registration can lead to fines up to ₹10 lakh and imprisonment of up to 8 years; trading in gametes or embryos can attract fines up to ₹20 lakh and permanent licence cancellation. Providing false data to the registry, failing to insure a surrogate, or performing procedures without valid consent are also punishable offences. These penalties reinforce that compliance is not optional but integral to the practice of reproductive medicine.

Even with such structure, ongoing challenges persist. Some smaller fertility centres struggle with digital-reporting compliance or delays in licence renewal. Critics also highlight that the current framework excludes single parents, LGBTQ+ couples, and foreigners, arguing that it limits reproductive autonomy. However, Divyanshu Priyam views the law as a living document and puts it, “The future of fertility laws including ART and Surrogacy lies in refinement, not repeal. The foundation is ethical, but inclusivity will eventually follow through judicial interpretation and social consensus.”

Despite these debates, India’s model is now widely seen as a benchmark for ethical surrogacy governance. With real-time digital monitoring, transparent documentation, and an independent audit system, exploitation has drastically reduced. Clinics and legal consultants across the country, including Lex Curiam, are conducting compliance training programs for doctors and administrators to ensure continued adherence to the law.

In conclusion, the Surrogacy Act 2021, the ART Act 2021, and the Amended Rules have together built a robust, rights-based, and compliance-oriented ecosystem for assisted reproduction in India. These laws reflect a national commitment to protecting women, empowering families, and maintaining ethical discipline in medical science. As Divyanshu Priyam aptly summarises, “India’s surrogacy law stands as a model of conscience — it does not commercialise motherhood, it honours it. Compliance is not a hurdle; it is the very assurance that parenthood in India will always be dignified, lawful, and humane.”