Written by Pooja Patel, MD — MBBS (Seth G.S. Medical College & K.E.M. Hospital), Fellowship in Embryology, Manager, Surrogacy4All. Dr. Patel manages surrogate screening, matching and journey coordination at Surrogacy4All’s New York program.
Medically reviewed by Rashmi Gulati, MD —
- Board Certified, Internal Medicine
- Medical Advisor, Surrogacy4All
- Privileges at Mount Sinai Hospital.
Last updated: [14/09/2026]
Summary
India’s Surrogacy (Regulation) Act, 2021, in force since January 25, 2022, permits only altruistic surrogacy and only for eligible Indian married couples and certain single women, commercial surrogacy is prohibited, and foreign nationals, including most NRIs and OCI cardholders without Indian citizenship, are outside the eligible class.
The Surrogacy (Regulation) Amendment Rules, 2024 relaxed the ban on donor gametes for couples with a medical condition but did not change eligibility. NRI families therefore complete surrogacy abroad — most often in the United States, the Republic of Georgia or Ghana. Surrogacy4All is a New York State-licensed (GSP220903), physician-led agency operating since 2006, with an Indian egg donor program and programs from $120,000.
| Fact | Value |
|---|---|
| Governing law | Surrogacy (Regulation) Act, 2021, Surrogacy (Regulation) Rules, 2022, Amendment Rules, 2024 |
| In force since | January 25, 2022 |
| Who is eligible in India | Indian married couples meeting age and medical criteria; certain single women; altruistic only |
| NRIs / OCIs | Outside the eligible class unless Indian citizens meeting the Act’s conditions; commercial arrangements prohibited |
| Alternatives used by NRI families | USA (from $120,000, totals $120,500–$151,000), Republic of Georgia, Ghana ($49,000 all-inclusive) |
| Indian egg donors | Available through IndianEggDonors.com for US and Georgia journeys |
| License / registration | GSP220903, FDA FEI 3021544308 |
| Success rates (source) | 65% first transfer, 90% cumulative — SART |
What Does the Act Allow?
- Altruistic gestational surrogacy is permitted for an intending couple who are Indian citizens
- Married for the period the rules require
- Within the specified ages
- Certified as needing surrogacy on medical grounds,
- For certain single women (widows and divorcees within an age band)
The surrogate must be a married woman with a child of her own, carrying once, for expenses and insurance only. Commercial surrogacy — any payment beyond insurance and prescribed expenses — is an offence.
Where Do NRIs and OCIs Stand?
The eligibility class is defined by Indian citizenship and the Act’s conditions. NRIs who retain Indian citizenship and meet the conditions can, in principle, pursue altruistic surrogacy in India through the registered-clinic process, with a willing surrogate they identify.
In practice the need for an altruistic surrogate and the documentation requirements make this rare. OCI cardholders and foreign citizens of Indian origin are outside the Act. Nothing in the 2024 amendment rules changed this; those rules addressed the use of donor eggs or sperm where one partner has a medical condition.
What Do NRI Families Do Instead?
Three routes, in our experience in this order. The United States, for legal certainty (a court order naming both parents before birth), screened surrogates matched typically within 1–3 months, and a US passport for the child, programs from $120,000, totals $120,500–$151,000, plus travel. The Republic of Georgia, for lower cost with a statute that issues the birth certificate in the intended parents’ names.
Eligibility rules apply and we explain them on the program page. Ghana, at $49,000 all-inclusive, under our partner clinic’s program. In all three, Indian egg donors are available through our IndianEggDonors program when a donor is needed.
What About Taking the Child to India?
A child born through surrogacy abroad to Indian-citizen parents can be registered and travel on Indian documents subject to the Ministry of External Affairs’ requirements for the country concerned.
OCI parents follow the rules of their citizenship. We coordinate with a lawyer in your country of residence from the start, this post is general information, not legal advice.
Frequently Asked Questions
Q. Can NRIs Do Surrogacy in India?
A. Only if they are Indian citizens meeting the Act’s conditions, and only altruistically; most NRI families complete surrogacy abroad.
Q. Is Commercial Surrogacy Legal in India?
A. No, since the Act came into force in January 2022.
Q. Did the 2024 Amendment Change Eligibility?
A. No, it permitted donor gametes in specified medical circumstances.
Q. Can OCI Cardholders Use Surrogacy in India?
A. They are outside the eligible class.
Q. Which Country Is Best for NRI Families?
A. The US for certainty and a US passport; Georgia and Ghana for cost. We run all three.
Q. Can We Use an Indian Egg Donor Abroad?
A. Yes, through IndianEggDonors for US and Georgia journeys.
Talk to a Physician-Led Team
Free consultation, in person on Fifth Avenue or by video:
Phone: (212) 661-7673
Email: info@surrogacy4all.com
Book online →
Dr. Pooja Patel
Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.
She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.
- Dr. Pooja Patel
- Dr. Pooja Patel
- Dr. Pooja Patel
- Dr. Pooja Patel
