Surrogacy Abroad for Indian Couples: Legal Pathways and Key Challenges

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Key Takeaways

• Surrogacy (Regulation) Act, 2021 bans NRIs and OCIs from surrogacy in India.
• Indian couples seek surrogacy abroad in countries like USA, Canada, and Ukraine.
• Surrogacy abroad involves legal, financial, and citizenship challenges for Indian parents.

Indian couples who want to become parents through surrogacy often face a complicated journey, especially when they live outside India or hold NRI (Non-Resident Indian) or OCI (Overseas Citizen of India) status. The Surrogacy (Regulation) Act, 2021, has made it almost impossible for these couples to use surrogacy services within India. As a result, many are looking for options abroad. This process involves many steps, strict legal rules, and emotional challenges. Here’s a detailed, step-by-step guide to help Indian couples understand what to expect, what actions they need to take, and how authorities will respond at each stage.

Understanding the Surrogacy (Regulation) Act, 2021, and Its Impact

Surrogacy Abroad for Indian Couples: Legal Pathways and Key Challenges

The Surrogacy (Regulation) Act, 2021, is the main law that controls surrogacy in India. It only allows altruistic surrogacy, which means the surrogate mother cannot be paid except for medical costs and insurance. The law is very strict:

Only legally married, heterosexual Indian couples can use surrogacy in India.
The couple must be married for at least five years and must prove they cannot have children naturally.
The surrogate must be a close relative, aged 25-35, married, and have at least one biological child.
Surrogacy is not allowed for single people, same-sex couples, live-in partners, or single men.
Commercial surrogacy, where the surrogate is paid beyond medical expenses, is banned.
NRIs and OCIs are not allowed to use surrogacy services in India.

Because of these rules, Indian couples living abroad must look for surrogacy options in other countries. This brings new legal, financial, and emotional challenges.

Choosing a Country for Surrogacy: Where Can Indian Couples Go?

Since Indian law blocks most people from using surrogacy at home, Indian couples often look to countries with more open surrogacy laws. The most popular destinations in 2025 include:

United States 🇺🇸: Some states, like California and Illinois, allow commercial surrogacy and have clear laws to protect both the surrogate and the intended parents.
Canada 🇨🇦: Only altruistic surrogacy is allowed, but the process is well regulated and parentage laws are clear.
Ukraine and Georgia: These countries are known for being open to foreign intended parents and have established surrogacy programs.
Russia and some Middle Eastern countries: These are also options, but the legal situation can be less certain.

Each country has its own rules. For example, some require the surrogate to be a citizen or resident. Others may only allow married couples or may have rules about who can be named as the legal parent. It’s important for Indian couples to research each country’s laws carefully before starting the process.

Step-by-Step Breakdown: The Surrogacy Journey Abroad

Confirm Eligibility Under Indian Law
- Before starting, Indian couples must make sure they are not eligible for surrogacy in India. NRIs and OCIs are not allowed to use Indian surrogacy services, so they must look abroad.
Research and Select a Foreign Country
- Couples should look for countries where surrogacy is legal and well regulated. They should check:
  - Whether the country allows foreign intended parents.
  - What kind of surrogacy is allowed (altruistic or commercial).
  - The legal process for establishing parentage.
  - The reputation and reliability of clinics and agencies.

Estimated Timeframe: 1-2 months for research and decision-making.

Engage Legal Counsel in the Host Country
- It’s important to hire a lawyer who understands surrogacy laws in the chosen country. The lawyer will:
  - Draft and review surrogacy contracts.
  - Explain the rights and responsibilities of all parties.
  - Help with court orders or other legal steps to establish parentage.

Estimated Timeframe: 2-4 weeks to find and hire a lawyer, plus ongoing support.

Undergo Medical and Psychological Evaluations
- Most countries require intended parents and the surrogate to have medical checks and psychological evaluations. This is to make sure everyone is healthy and understands the process.

Estimated Timeframe: 1-2 months, depending on clinic schedules.

Complete the Surrogacy Process Abroad
- This includes:
  - Creating embryos (often using IVF).
  - Transferring the embryo to the surrogate.
  - Monitoring the pregnancy with regular medical check-ups.

The pregnancy itself takes about 9 months, but the whole process from embryo creation to birth can take 12-18 months.

At Birth: Secure Legal Parentage Documents
- After the baby is born, the intended parents must get legal documents showing they are the child’s parents. This may include:
  - A birth certificate naming the intended parents.
  - Court orders, if required by the country’s laws.

Estimated Timeframe: 2-6 weeks after birth, depending on the country.

Register the Child’s Birth with the Indian Consulate
- The next step is to register the child’s birth at the nearest Indian embassy or consulate. This is needed to start the process of getting Indian citizenship for the child.

Estimated Timeframe: 2-4 weeks, but can take longer if documents are missing or unclear.

Apply for Indian Citizenship and Passport
- Under the Citizenship Act, 1955, Indian couples can apply for citizenship for their child. They must provide proof of biological or legal parentage, such as DNA test results or court orders.

The application process can be slow, especially if there are questions about the surrogacy arrangement.
Estimated Timeframe: 1-3 months, but sometimes longer.

Comply with Indian Immigration Laws for Child’s Entry
- Once the child has an Indian passport or travel document, parents can bring the child to India. They must keep all legal documents in case of future questions or challenges.

Estimated Timeframe: 2-4 weeks after receiving the passport.

Maintain Records and Legal Documents
- It’s important to keep all contracts, medical records, court orders, and citizenship documents safe. These may be needed for school admissions, medical care, or legal matters in the future.

What to Expect from Authorities at Each Stage

Foreign Authorities: They will check that all legal and medical steps are followed. They may require interviews, background checks, and proof of the intended parents’ relationship to the child.
Indian Consulates: They will review all documents carefully. If anything is missing or unclear, they may ask for more proof or delay the process.
Indian Government: The Ministry of Home Affairs and the Ministry of Health and Family Welfare may review some cases, especially if there are questions about the child’s parentage or the legality of the surrogacy arrangement.

Legal, Ethical, and Financial Challenges

Indian couples face several challenges when pursuing surrogacy abroad:

Recognition of Parentage: Indian law does not automatically recognize children born through surrogacy abroad. Parents may need to get a court order or even adopt their own child under Indian law.
Citizenship Issues: Getting Indian citizenship and a passport for the child can be slow and complicated. Delays are common if documents are missing or if the surrogacy arrangement is not clearly explained.
Varying Foreign Laws: Some countries only allow their own citizens or residents to use surrogacy. Others may have unclear or changing rules.
High Costs: Surrogacy abroad, especially in the United States 🇺🇸, can cost between $100,000 and $200,000 or more. This is much higher than the cost of altruistic surrogacy in India.
Ethical Concerns: There are worries about the exploitation of surrogate mothers, especially in countries with weak laws. Couples should choose clinics and agencies that follow ethical practices.
Social Stigma: Some families face judgment or misunderstanding from their communities, especially if they are non-traditional families or if the surrogacy arrangement is not well understood.

Recent Developments and Expert Opinions

As of mid-2025, there have been no major changes to Indian surrogacy laws for NRIs or OCIs. The Indian government continues to support only altruistic surrogacy and is cautious about international surrogacy to prevent misuse and trafficking. Some Indian states and fertility clinics now offer legal counseling for NRIs considering surrogacy abroad.

Experts say there is a need for better international cooperation to make it easier for Indian couples to get legal recognition and citizenship for their children born through surrogacy abroad. Medical professionals stress the importance of psychological support for both surrogate mothers and intended parents. Human rights groups call for stronger protections for surrogate mothers everywhere.

Practical Tips and Next Steps for Indian Couples

Start Early: The whole process can take 18-24 months or longer. Begin planning as soon as possible.
Get Legal Advice: Hire lawyers in both the host country and India who understand surrogacy and immigration law.
Choose Reputable Clinics: Work with clinics and agencies that have a good track record and follow ethical practices.
Keep All Documents: Save every contract, medical record, and legal paper. You may need them for years to come.
Prepare for Delays: Be ready for slowdowns, especially when dealing with government offices.
Seek Support: Join support groups or talk to other couples who have been through the process.

Key Stakeholders and Resources

Ministry of Health and Family Welfare: Oversees surrogacy laws in India. For the latest updates on the Surrogacy (Regulation) Act, 2021, visit the official Ministry website.
Indian Council of Medical Research (ICMR): Provides guidelines on assisted reproductive technologies.
Indian Embassies and Consulates: Help with birth registration and citizenship for children born abroad.
Fertility Clinics and Surrogacy Agencies: Offer medical and legal support in both India and abroad.
Legal Experts: Essential for handling complex cross-border legal issues.
Advocacy Groups: Work to protect the rights of surrogate mothers and promote ethical surrogacy.

Future Outlook

Looking ahead, there may be changes to Indian surrogacy laws, possibly allowing single women and LGBTQ+ couples to use surrogacy. However, these changes are likely to take time. There is also hope for more international agreements to make it easier for Indian couples to get legal recognition for their children born through surrogacy abroad. As the demand for ethical surrogacy grows, more countries may update their laws to protect both intended parents and surrogate mothers.

According to analysis by VisaVerge.com, Indian couples should stay informed about changing laws and seek professional advice at every step. The journey is complex, but with careful planning and the right support, many couples have successfully become parents through surrogacy abroad.

For more information on the Surrogacy (Regulation) Act, 2021, and related updates, you can visit the Ministry of Health and Family Welfare’s official page.

In summary, the path to parenthood through surrogacy abroad for Indian couples is long and often difficult. It involves careful research, legal planning, and patience. By understanding each step, preparing for challenges, and seeking help from trusted professionals, Indian couples can give themselves the best chance of a successful and joyful outcome.

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NRI → Non-Resident Indian, an Indian citizen living outside India temporarily or permanently.
OCI → Overseas Citizen of India, a legal status granting lifelong visa benefits but no surrogacy rights in India.
Altruistic Surrogacy → Surrogacy where the surrogate mother receives only medical expenses, not additional payment.
Legal Parentage → The official recognition of intended parents as the child’s legal parents through documents or court orders.
Surrogacy (Regulation) Act, 2021 → Indian law regulating surrogacy, allowing only altruistic surrogacy for married heterosexual Indian couples.

This Article in a Nutshell

Indian couples face strict Indian surrogacy laws and often pursue surrogacy abroad. The process requires legal planning, country selection, and obtaining citizenship for the child, facing complex challenges, including high costs and lengthy timelines. Thorough preparation and professional support are essential for success in international surrogacy journeys.
— By VisaVerge.com