Surrogacy Law for Surrogacy Clinics in India (2026): Registration, Compliance, Legal Requirements & Penalties

In India, surrogacy clinics are regulated under the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (ART) Regulation Act, 2021. Every surrogacy clinic must be registered with the National ART & Surrogacy Registry and comply with government-prescribed standards relating to infrastructure, staffing, record keeping, ethical practices, and patient safety. Operating an unregistered surrogacy clinic is prohibited under Indian law.

The objective of the law is to ensure ethical surrogacy practices, protect surrogate mothers and intended parents, and prevent commercial exploitation.

What Is a Surrogacy Clinic?

A surrogacy clinic is a registered medical facility authorized to provide services related to:

• Surrogacy procedures

• IVF treatment

• Embryo transfer

• Fertility evaluation

• Surrogacy-related medical care

• Assisted reproductive technologies

These clinics must operate within the legal framework established by the Government of India.

Is Registration Mandatory for Surrogacy Clinics?

Yes.

Every surrogacy clinic must be registered under the National ART & Surrogacy Registry before offering surrogacy-related services. Registration applications are submitted through the National ART & Surrogacy Portal and reviewed by the appropriate authority of the respective State or Union Territory.

How Can a Surrogacy Clinic Register?

The registration process generally involves:

Step 1: Create an Account

The clinic must register on the National ART & Surrogacy Registry portal.

Step 2: Submit Application

The clinic submits:

• Registration details

• Infrastructure information

• Staffing details

• Facility information

Step 3: Authority Review

The State Appropriate Authority evaluates compliance with legal requirements.

Step 4: Approval & Registration

Upon approval, the clinic receives registration under applicable regulations.

Legal Requirements for Surrogacy Clinics

1. Mandatory Registration

No clinic can legally conduct surrogacy procedures without registration.

2. Compliance with Infrastructure Standards

Clinics must maintain:

• Adequate infrastructure

• Laboratory facilities

• Diagnostic facilities

• Specialized equipment

as prescribed by regulatory authorities.

3. Qualified Medical Professionals

Surrogacy clinics must employ:

• Fertility specialists

• Embryologists

• Gynecologists

• Trained support staff

in accordance with regulatory standards.

4. Ethical Practice Requirements

Clinics must ensure:

• Informed consent

• Ethical treatment practices

• Legal documentation

• Confidentiality of patient information

for intended parents, donors, and surrogate mothers.

5. Record Maintenance

Clinics are required to maintain records relating to:

• Intended parents

• Surrogate mothers

• ART procedures

• Embryo transfers

• Treatment outcomes

and provide required information to the National Registry. Records must be maintained according to regulatory requirements.

Duties of a Registered Surrogacy Clinic

A registered clinic is responsible for:

Patient Screening

• Medical evaluation

• Eligibility verification

• Counseling

Documentation

• Consent forms

• Medical records

• Legal certificates

Clinical Care

• IVF procedures

• Embryo transfer

• Pregnancy monitoring

Regulatory Reporting

• Reporting treatment data

• Maintaining compliance records

• Cooperating with inspections

Can a Clinic Facilitate Commercial Surrogacy?

No.

Commercial surrogacy is prohibited in India.

Surrogacy clinics may only facilitate altruistic surrogacy as permitted under the Surrogacy (Regulation) Act, 2021. Any commercial arrangement is unlawful.

What Are the Record-Keeping Requirements?

Clinics must maintain detailed records related to:

• Patient enrollment

• Donor information

• Surrogate mother documentation

• Treatment procedures

• Pregnancy outcomes

The law requires clinics to share specified information with the National Registry and preserve records for the prescribed duration.

Can Unregistered Clinics Offer Surrogacy Services?

No.

Recent regulatory actions have strengthened compliance requirements. Authorities have directed that important IVF laboratory consumables be supplied only to clinics and banks registered under the ART and Surrogacy Acts, further restricting operations of unregistered facilities.

Inspection and Monitoring of Surrogacy Clinics

Registered clinics may be subject to:

• Periodic inspections

• Compliance reviews

• Infrastructure verification

• Documentation audits

by the relevant authorities.

Penalties for Violations

Failure to comply with surrogacy regulations may lead to:

• Suspension of registration

• Cancellation of registration

• Legal action

• Financial penalties

• Other consequences under applicable laws

Clinics must strictly adhere to statutory requirements to continue operations.

Why Compliance Is Important for Surrogacy Clinics

Regulatory compliance helps:

• Protect surrogate mothers

• Protect intended parents

• Improve patient safety

• Maintain ethical standards

• Prevent exploitation

• Enhance transparency

It also helps build trust and credibility within the fertility industry.

Expert Surrogacy & Fertility Services at Kiran Infertility Center Delhi

Kiran Infertility Center Delhi follows established medical and regulatory standards while providing advanced fertility and surrogacy-related services.

Our services include:

• IVF Treatment
• ICSI Treatment
• IUI Treatment
• Male Infertility
• Female Infertility Treatment
• Surrogacy Treatment
• Assisted Reproductive Technology
• Fertility Preservation & Diagnosis

With 30+ years of experience, 38,000+ happy families, and patients from 55+ countries, Kiran Infertility Center Delhi is committed to ethical, transparent, and patient-focused fertility care.

Conclusion

The Surrogacy (Regulation) Act, 2021 and ART Regulation Act, 2021 have established a structured framework for surrogacy clinics in India. Registration, infrastructure standards, qualified staffing, ethical conduct, record maintenance, and regulatory compliance are mandatory for lawful operation.

Clinics that follow these requirements contribute to safer, more transparent, and legally compliant surrogacy services while protecting the interests of surrogate mothers, intended parents, and children.

Related Articles

• Surrogacy Law for Intended Parents in India (2026)

• Surrogacy Law for Surrogate Mothers in India (2026)

• Altruistic Surrogacy in India: Complete Guide

• IVF Treatment in India: Process, Success Rate & Cost

• ICSI Treatment: Procedure, Benefits & Success Rate

• Male Infertility Treatment Options

• Female Infertility: Causes, Diagnosis & Treatment

Frequently Asked Questions (FAQs)

Is registration mandatory for a surrogacy clinic in India?

Yes. Every surrogacy clinic must be registered under the National ART & Surrogacy Registry.

Can an unregistered clinic perform surrogacy procedures?

No. Surrogacy-related services can only be provided by registered facilities.

What laws regulate surrogacy clinics in India?

The Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 regulate surrogacy clinics.

Are surrogacy clinics required to maintain records?

Yes. Clinics must maintain treatment, donor, surrogate, and outcome records and share required information with the National Registry.

Can clinics facilitate commercial surrogacy?

No. Commercial surrogacy is prohibited in India. Only altruistic surrogacy is permitted.

How long is clinic registration generally valid?

ART and related registrations are generally granted for a fixed validity period and require renewal according to applicable regulations.

Why are inspections conducted for surrogacy clinics?

Inspections help ensure compliance with legal, ethical, medical, and infrastructure standards.