Commercial surrogacy refers to a surrogacy arrangement involving payment, reward or benefit to the surrogate or any intermediary beyond the medical expenses, insurance and other reasonable expenses permitted by law. The Surrogacy (Regulation) Act, 2021 prohibits commercial surrogacy in India, and only altruistic surrogacy is lawful. Antega does not describe commercial surrogacy as a lawful option for patients in India under any circumstance. Anyone offered a commercial surrogacy arrangement, or asked to pay a surrogate directly, should treat this as unlawful and can report it to the state or union territory Appropriate Authority. This is general information about India's ART and surrogacy framework and is not personalised legal advice. India legal information last reviewed: 9 September 2026.
Also known as: paid surrogacy, commercial surrogate payment
Related India guides
Sources
- Surrogacy (Regulation) Act, 2021, with the Surrogacy (Regulation) Rules and subsequent amendments and notifications (indiacode.nic.in; artsurrogacy.gov.in)
- National ART & Surrogacy Portal, Department of Health Research (artsurrogacy.gov.in)
Last reviewed: 9 September 2026. Written by the Antega Editorial Team. General information only — always follow the advice of your own clinic, doctor or pharmacist.