Back to glossary

Fertility Glossary

Parentage of a child born through surrogacy

Legal parentage of a surrogacy-born child rests with the commissioning couple under the Surrogacy Act.

Surrogacy

Under the Surrogacy (Regulation) Act, 2021, a child born through a lawful surrogacy arrangement is deemed to be the biological child of the commissioning couple, and is entitled to all rights and privileges available to a natural child. The surrogate has no parental rights or responsibilities over the child once born under a lawful arrangement. Questions about birth registration, documentation or a specific parentage dispute involve both this Act and other family law, so commissioning couples should seek advice from a registered surrogacy clinic and, where a dispute arises, from a lawyer, rather than relying on this general summary alone. 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: legal parentage surrogacy, surrogacy birth certificate

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 โ€” always follow the advice of your own clinic, doctor or pharmacist.

Explore in-depth guides

Learn more with Antega's fertility guides and articles.