Becoming Parents Through Surrogacy: Your Legal Custody Guide in India (2025)

Welcoming a child through surrogacy is a deeply emotional journey — but in India, it is also a legal process carefully designed to protect the baby, the surrogate, and the intended parents.

Under the Surrogacy (Regulation) Act, 2021 and Rules, 2022, custody and parentage are established in advance to avoid any confusion after the baby is born. Here’s a step-by-step look at how legal custody works in 2025.

Steps to getting legal custody of your baby through surrogacy in India under the Surrogacy (Regulation) Act, 2021 and Rules:

Eligibility & Medical Certification :

• Intending parents must obtain a certificate of medical necessity from a District Medical Board confirming infertility or need for surrogacy.

• Age eligibility: 25–50 for woman, 26–55 for man; single women only if widowed/divorced (35–45 years).

Registration & Approvals :

• Parents must register the surrogacy at an appropriate authority/clinic listed on the National ART & Surrogacy Portal.

• Surrogate eligibility: 25–35 years, ever-married with a child of her own and can be a surrogate only once.

Magistrate’s Parentage & Custody Order :

• Before pregnancy, the intended parents apply to the Magistrate’s Court.

• The Magistrate issues an order declaring them the legal parents of the child to be born through surrogacy.

• This ensures that from the moment of birth, the child is legally theirs — preventing disputes or delays in custody.

Birth Certificate Issuance :

• The birth registrar issues a certificate with the names of the intended parents only.

• The surrogate mother’s name does not appear.

Special Steps for NRI/OCI Parents :

• The parentage order + birth certificate are crucial for obtaining an Indian passport or home-country citizenship documents.

• Without these, children risk being left in legal or nationality limbo.

Why This Matters

These safeguards were introduced to protect the child, the surrogate, and the intending parents. They prevent disputes and ensure that the child’s legal identity is beyond question.

Courts in Kerala, Bombay, and the Supreme Court have repeatedly underlined that parentage orders are not just paperwork — they are the child’s guarantee of stability, rights, and recognition.

How We Help

We are a team of lawyers in India who work closely with intended parents to understand their unique needs and provide end-to-end personalized legal solutions. From preparing documentation and securing the Magistrate’s order to obtaining the birth certificate and handling NRI/OCI-specific steps — we are here to guide you every step of the way.

Surrogacy in India is not only a medical process, it’s a legal journey — and with the right support, it can be smooth, safe, and joyful.