India's donor and surrogacy landscape changed dramatically with the ART (Regulation) Act 2021 and the Surrogacy (Regulation) Act 2021. A lot of online material — and frankly some clinic counsellors — haven't caught up. This is what is legal, what isn't, what it costs, and how long it actually takes in 2026.
Donor sperm
Legal framework
Donor sperm is legal in India but must come from a registered ART bank. The ART Act caps repeat donations and requires identifying information to be retained by the bank. Recipients receive non- identifying donor profiles (physical traits, education, blood group, screening results).
What it costs
- Sperm vial: ₹15,000 – ₹40,000 per vial
- Most cycles use 1–2 vials
- Premium profiles (matched ethnicity + education + extended screening) are at the upper end
Who can use donor sperm
Married heterosexual couples and unmarried Indian women aged 21–55 can use donor sperm. Single fathers and same-sex couples are not eligible to access donor sperm or surrogacy through the regulated framework as of 2026.
Donor eggs
Legal framework
Donor eggs must come from an ART bank registered under the Act. A donor:
- Must be 23–35 years old
- Must be married with at least one biological child of her own (3+ years old)
- Can donate only once in her lifetime
- Receives compensation for the cycle, capped by guideline
These rules dramatically narrow the donor pool compared to pre-2022. Wait times for matched donors at registered banks have lengthened.
What it costs
- Donor egg cycle (bank fee + donor stim + recipient cycle): ₹2.5 – ₹5 lakh all-in
- Matched / premium donor profiles: add ₹50,000 – ₹1.5 lakh
- Frozen donor eggs (if available at the bank): cheaper, faster, but smaller selection
Wait times
For matched fresh donor cycles at well-run ART banks in metro India, 4–8 months is realistic in 2026. Frozen donor eggs are immediately available where stocks exist. Be wary of clinics promising matched donors in "a few weeks" — that pace is hard to reconcile with the legal eligibility constraints.
Donor embryos
Donor embryo transfer is permitted from couples who have completed their family and consented to donate remaining embryos. Availability is low and matching is limited; banks typically prioritise medical rather than non-medical recipient profiles.
Surrogacy
Legal framework — major changes
The Surrogacy (Regulation) Act 2021 ended commercial surrogacy in India. Key constraints:
- Altruistic only. The surrogate cannot be paid beyond medical expenses and insurance.
- Indian married couples only who have been married 5+ years and have a medical indication. Single intending mothers (widow or divorcée) aged 35–45 are also eligible. Single men, unmarried couples, same-sex couples, and foreign nationals are not.
- Surrogate must be a close relative of the intending couple, married, with a child of her own, aged 25–35, willing once in a lifetime.
- Eligibility certificates required from the appropriate state authority before commencement.
- No commercial surrogate matching. Agencies that "arrange" surrogates outside the family framework are operating illegally.
What surrogacy actually costs (legal pathway)
- IVF cycle for intended mother (or donor egg cycle): ₹2 – ₹4 lakh
- Surrogate's antenatal care: ₹2 – ₹4 lakh
- Surrogate insurance (mandatory, 36 months): ₹1 – ₹2 lakh
- Delivery and post-natal: ₹1 – ₹2 lakh
- Legal, certificates, documentation: ₹50,000 – ₹1.5 lakh
Realistic all-in: ₹8 – ₹14 lakh for the legal, regulated pathway. Pre-Act commercial surrogacy was often quoted at ₹15–25 lakh; the regulated altruistic version is cheaper but slower and dramatically more constrained on eligibility.
What this means for the clinic you choose
If donor or surrogacy may be on your path:
- Confirm the clinic is registered as an ART Clinic AND, separately, that its associated ART Bank is registered for donor work.
- For surrogacy, the clinic must be a registered Surrogacy Clinic — separate registration under the Surrogacy Act.
- Ask for the registration numbers and verify them.
- Ask about wait times realistically, not the promised version.
- Confirm legal support is included or referred — the eligibility certificates and parentage paperwork are a real workload.
For NRIs and overseas Indians
Surrogacy by foreign nationals is not permitted. NRIs and OCIs face a more complex picture: as of 2026, eligibility depends on citizenship, marital status, and state-level certificate availability. If you're overseas, work only with clinics that have explicit experience handling NRI/OCI documentation, and get a written legal opinion before starting.
Where to read more
Pair this with our accreditations breakdown — donor and surrogacy pathways add separate registration requirements on top of basic ART clinic registration. And our red-flags checklist covers the kinds of donor/surrogacy promises that tell you a clinic isn't playing by the rules.