Surrogacy in India is regulated by the Surrogacy (Regulation) Act 2021 and assisted reproduction by the Assisted Reproductive Technology (Regulation) Act 2021. Commercial surrogacy is banned; only altruistic surrogacy between close relatives is permitted, and only for legally married Indian couples. Clinics must be registered, and violations carry imprisonment.
Key facts at a glance
| Authority | National Surrogacy Board; State Surrogacy Board, West Bengal; National and State ART Boards; registration authority for ART clinics |
| Governing law | Surrogacy (Regulation) Act, 2021; Assisted Reproductive Technology (Regulation) Act, 2021 |
| Time limit | Obtain clearance before commencing any arrangement |
| Fee | Clinic and board fees as prescribed |
| Typical timeline | Board clearance and clinic registration over several months |
Step-by-step procedure
- Step 1: Confirm eligibility — a legally married Indian couple, husband aged 26 to 55 and wife 23 to 50, with a medical certificate of infertility.
- Step 2: Establish that the surrogate is a close relative, willing, married or widowed, aged 25 to 35, and has not acted as a surrogate before.
- Step 3: Obtain the certificate of essentiality and the certificate of financial soundness from the appropriate authority.
- Step 4: Execute the surrogacy agreement with the surrogate before a notary as required by the Act.
- Step 5: Undergo the procedure at an ART clinic registered under the ART Act 2021.
- Step 6: Apply for the birth certificate and parentage declaration through the authority after the child is born.
Documents you need
- Proof of legal marriage and age of the intending couple
- Medical certificate of infertility or the specified condition
- Certificate of essentiality and of financial soundness
- Consent of the surrogate and her husband where married
- Proof of close relative relationship for altruistic surrogacy
- ART clinic registration certificate
- Identity and address proof of all parties
- Insurance cover for the surrogate
Common mistakes to avoid
- Paying a surrogate beyond medical expenses and insurance, which is commercial surrogacy and a criminal offence.
- Using an unregistered ART clinic, which invalidates the procedure and invites prosecution.
- Proceeding without the certificate of essentiality and financial soundness.
- Assuming a live-in or unmarried couple can commission surrogacy — the Act requires a legal marriage.
Where to go in Asansol
ART clinics serving Asansol patients are registered with the West Bengal State ART Board. Surrogacy arrangements require board clearance before any medical procedure begins.
Frequently asked questions
Is commercial surrogacy legal in India?
No. The Surrogacy (Regulation) Act 2021 prohibits commercial surrogacy and permits only altruistic surrogacy between close relatives, with no payment other than medical expenses and insurance.
Who can opt for surrogacy in Asansol?
A legally married Indian couple where the husband is 26 to 55 and the wife 23 to 50, with a medical certificate of infertility or a specified condition, and where the surrogate is a close relative aged 25 to 35.
What is the penalty for violating the surrogacy law?
Under the 2021 Act, commercial surrogacy carries imprisonment up to ten years and a fine up to twenty lakh rupees, and repeated offences carry higher punishment.
Which clinics can perform ART procedures near Asansol?
Only clinics registered under the Assisted Reproductive Technology (Regulation) Act 2021 with the State ART Board. Using an unregistered clinic makes the arrangement illegal and the clinic liable to closure and prosecution.
Related legal services in Asansol
Need help with this in Asansol?
Advocate Anurag Gupta handles these matters at Asansol Court and can tell you in one consultation whether you need a legal notice, a departmental representation or a court petition.
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