Centre seeks data from states to assess functioning of Surrogacy Act, 2021

New Delhi: The Union Health Ministry has asked all states and UTs about the total number of couples and single and unmarried women who have availed surrogacy successfully since the Surrogacy Act, 2021 came into force to assess the functioning of the law. In a communication sent to the Principal Secretary (Health)/ Secretary (Health) of all states and UTs last month, the ministry also sought category-wise data on the total number of couples and single women (divorcees/widows) who have opted for Assisted Reproductive Technology (ART) successfully since the ART Act, 2021 has come into existence.

"It is imperative to have the above-mentioned data in order to conclude regarding the proper functioning of the Surrogacy Act, 2021 and the ART Act 2021 by all States and UTs," the communication stated.

The Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 were passed two years ago to regulate in vitro fertilisation (IVF) clinics and prohibit commercial surrogacy in India.


Only married infertile couples and certain categories of women (single and unmarried) are allowed to avail of ARTs and surrogacy. Surrogacy is only allowed for altruistic reasons under the Surrogacy (Regulation) Act, while commercial surrogacy has been prohibited in the country since 2015.

Similarly, the Assisted Reproductive Technology (Regulation) Act aims to regulate and supervise assisted reproductive technology clinics and assisted reproductive technology banks, and prevent misuse.