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Centre states transgender persons ineligible for surrogacy under Surrogacy (Regulation) Act, 2021
The Centre clarified that surrogacy services in India are limited to three categories under the Surrogacy (Regulation) Act, 2021, excluding transgender individuals. The clarification followed Kerala's inquiry into a transgender woman's eligibility for gestational surrogacy. The communication cites specific statutory sections to support the stance.
Why It Matters
It establishes the regulatory boundaries for surrogacy access in India and intersects with broader questions about transgender rights and state welfare policies.
Timeline
4 Events
TOI reports Centre's clarification
May 10, 2026
The Times of India reports the Centre's stance on transgender eligibility for surrogacy and notes the context of Kerala's inquiry into gestational surrogacy for a transgender woman.
Centre clarifies eligibility in response to Kerala inquiry
April 15, 2026
The Ministry of Health and Family Welfare informed Kerala's state nodal officer for ART and surrogacy that current law permits surrogacy only for the three stated categories; transgender persons, whether married or unmarried, are not eligible under the Act. The reply cites Sections 2(1)(h), 2(1)(r), 2(1)(s) and Section 4(ii)(a) of the Act.
Surrogacy (Regulation) Act, 2021 outlines eligibility categories
2021
The Surrogacy (Regulation) Act, 2021 defines eligible categories for surrogacy: (i) an Indian married man and woman as an intending couple, (ii) an Indian woman who is a widow or divorcee as an intending woman, and (iii) a couple of Indian origin where both spouses are OCI card holders.
Kerala introduces transgender policy
2015
Kerala became the first Indian state to introduce a transgender policy in 2015, marking a significant step in welfare and legal recognition for transgender people in the state.