Legal position of surrogacy in India

Surrogacy in India is allowed only for Indian passport holder/s. Contrary to media reports Commercial Surrogacy is not banned in India. A bill was tabled in the lower house of the Indian parliament and it proposed to regulate Surrogacy through various modalities. This bill was pending in the upper house after being cleared in the lower house.


For a bill to become a law it has to be signed by both houses of Parliament and signed by the President. However since both the houses of the Indian parliament have been adjourned, the Surrogacy regulation bill has lapsed and hence, Surrogacy is allowed in India but only for Indian passport holder/s.

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