Gestational surrogacy is surrogacy in which the embryo is created using gametes from the intending couple or from donors, and the surrogate carries the pregnancy without contributing her own egg. The Surrogacy (Regulation) Act, 2021 permits only gestational surrogacy in India; a surrogate using her own egg (traditional surrogacy) is not permitted. The rules on how many gametes must come from the intending couple, and when donor gametes may be used, have been amended since the Act came into force. Patients should check the National ART & Surrogacy Portal for the current position rather than an earlier summary. 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: gestational carrier
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.