Yes, surrogacy is legal in India, but with certain restrictions and regulations. The Indian government allows surrogacy for Indian citizens as well as for foreign nationals who fulfill certain criteria.
The regulations governing surrogacy in India are laid out in the Surrogacy (Regulation) Bill, 2020, which was passed by the Indian Parliament in August 2020. According to the bill, only Indian couples who have been married for at least five years and are unable to conceive a child through natural means can opt for surrogacy. Foreign nationals and Persons of Indian Origin (PIOs) are not allowed to commission surrogacy in India.
The Surrogacy (Regulation) Bill, 2020 also lays down strict guidelines for surrogacy clinics and agencies. Only registered clinics and agencies are allowed to undertake surrogacy arrangements, and they must adhere to strict regulations regarding the health and welfare of the surrogate mother and the child.
The bill also provides for the establishment of National and State Surrogacy Boards, which will regulate and monitor the practice of surrogacy in India.
It is important to note that the Surrogacy (Regulation) Bill, 2020 has not yet been implemented as law, as it is awaiting approval from the Indian President. Therefore, the existing regulations and guidelines for surrogacy in India may still be subject to change.
In summary, surrogacy is legal in India, but with certain restrictions and regulations, and it is important to follow the guidelines set out in the Surrogacy (Regulation) Bill, 2020 to ensure a safe and legal surrogacy arrangement.