How can a widow or divorcee can become intending couple for surrogacy
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widow divorcee intending couple surrogacy India Surrogacy Regulation Act 2021 amendment eligibility
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surrogacy intending woman widow divorcee eligibility conditions India 2023 2024
Here is a complete breakdown of how a widow or divorcee can become an intending woman for surrogacy under Indian law:
Widow or Divorcee as Intending Woman for Surrogacy in India
Under the Surrogacy (Regulation) Act, 2021 (Section 2(s)), a widow or divorcee is classified as an "Intending Woman" - not an "intending couple." She has a separate legal standing and can commission surrogacy on her own.
1. Basic Eligibility
| Requirement | Details |
|---|---|
| Marital status | Must be a widow OR divorcee (never-married single women are NOT eligible) |
| Nationality | Must be an Indian citizen |
| Age | Between 35 and 45 years |
| Existing children | Must not have any living biological, adopted, or surrogate children (exception applies if the existing child has a life-threatening disease or severe mental/physical disability, certified by the District Medical Board) |
2. Gametes / Genetic Material
This is a key distinction from married couples:
- She must use her own eggs (self-gametes are mandatory)
- She must use donor sperm (from a licensed sperm bank)
- Donor eggs are NOT permitted for a single intending woman - the child must be genetically related to her
- This differs from married couples, who (since the February 2024 amendment) may use one donor gamete if medically justified
3. Certificates Required
She must obtain two certificates:
A. Certificate of Essentiality (from the District Medical Board)
This certifies the medical condition making surrogacy necessary. Valid conditions include:
- Absence of uterus (congenital or surgical)
- Medical conditions making pregnancy dangerous (e.g. heart disease, serious systemic illness)
- Repeated failed IVF cycles
B. Certificate of Eligibility (from the Appropriate Authority)
This verifies she meets all statutory criteria - age, widowhood/divorce proof, citizenship, no living children, etc.
4. Documents Needed
- Proof of widowhood (death certificate of spouse) OR proof of divorce (court decree)
- Age proof (birth certificate, Aadhaar, passport)
- Indian citizenship proof
- Medical fitness certificate (physical and psychological readiness)
- Certificate from a licensed physician confirming medical indication for surrogacy
5. Type of Surrogacy Permitted
Only altruistic surrogacy is legal. This means:
- The surrogate mother receives no monetary payment or fee
- Only legitimate medical expenses, insurance, and pregnancy-related costs can be reimbursed
- Commercial surrogacy is completely banned
6. The Surrogate Mother
The surrogate must:
- Be a willing woman (the "close relative" restriction has been eased by legal interpretations in 2024-2026, and any willing woman meeting conditions may serve)
- Be between 25 and 35 years of age
- Already have her own biological child
- Be medically and psychologically fit
7. Parentage
Once born, the child is legally considered the biological child of the intending woman. A court order from the Judicial First-Class Magistrate must be obtained establishing parentage and custody.
8. Who is Currently Excluded
- Never-married single women (challenges pending in court)
- Single men / widowers
- Same-sex couples
- Live-in couples
- Foreign nationals (including OCI/PIO cardholders)
Key Takeaway
A widow or divorcee does not need to become part of an "intending couple." She qualifies as an "Intending Woman" - a distinct legal category under Section 2(s) of the Act. The process requires her to obtain a Certificate of Essentiality and a Certificate of Eligibility, use her own eggs with donor sperm, and commission only altruistic surrogacy through a registered clinic. Age (35-45) is the single most important threshold to watch.
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