A surrogate mother is the woman who carries and delivers a child for a commissioning couple under a lawful, altruistic gestational surrogacy arrangement. The Surrogacy (Regulation) Act, 2021 sets conditions on who may act as a surrogate, requires her informed consent, and requires that she be provided with surrogacy insurance cover during the arrangement. A surrogate is entitled to medical care and to have her health and wellbeing protected throughout the pregnancy; she cannot lawfully be paid beyond permitted medical expenses and insurance. Specific eligibility conditions for surrogates are set by the Act and Rules and should be confirmed on the National ART & Surrogacy Portal. 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: surrogate, 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.