To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be: (i) a close relative of the intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime;

2) 

• Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
   
• 
  Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
   
• A certificate of essentiality will be issued upon fulfilment of the following conditions: (i) a certificate of proven infertility of one or both members of the intending couple from a District Medical Board; (ii) an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and (iii) insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.

Accepting any surrogacy or remarriage till the divorce is finalized is illegal. There is no law enacted  yet with regard to surrogacy. But there is Bill introduced in Parliament which  prohibits surrogacy for money but permits altruistic surrogacy. Surrogate has to be close relative of couple, married woman, 25-35 years old having a child, medically and psychologically fit. There are good numbers of such surrogacy centers in Hyderabad. Only couple can opt for surrogacy under the Bill. The Bill is not yet made law. If you want of opt for surrogate child you can do it before the bill is passed and law enacted.

Before divorce you may require consent. It's better to wait. Not necessary to be relative. There is no concrete Act for surrogacy still in India

In India only Indian surrogacy law was passed that: Made commercial surrogacy illegal. Only allows altruistic surrogacy for needy, infertile Indian couples.

If those people are incapable to produce the natural child then you can help them,but now after the divorce formalities are completed.

- As per law, a certificate of eligibility from the appropriate authority is necessary for surrogacy , with the requirement that the surrogate mother has to be: (i) a close relative of the intending couple

(ii) a married woman having a child of her own

(iii) 25 to 35 years old

(iv) a surrogate only once in her lifetime

- Further, before getting divorce decree , you cannot take surrogacy . 

Eligibility criteria for surrogate mother:

To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:

(i) a close relative of the intending couple;

(ii) a married woman having a child of her own;

(iii) 25 to 35 years old;

(iv) a surrogate only once in her lifetime; and

(v) for any condition or disease specified through regulations.

The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare.

The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.

 The Bill prohibits commercial surrogacy, but allows altruistic surrogacy.  Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy

Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be: (i) a close relative of the intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime; and (v) possess a certificate of medical and psychological fitness for surrogacy.  Further, the surrogate mother cannot provide her own gametes for surrogacy.

Surrogacy isn't illegal post passage of bill on surrogacy. 

You can be surrogate of one who isn't your relative if you have documentation of the same. Usually "waiver agreement of biological parents right over child born through surrogacy" is executed between the surrogate and the party of the other part being acceptor of the child born through your surrogacy. 

This can be produced whenever required in the court as an evidence. Also your accepting surrogacy doesn't affect your case of divorce if it's filed by you and you aren't objecting it. 

Dear ma'am,

The pending divorce petition doesn't have any effect on the legality of surrogacy. There are quite limited laws surrounding this. But the law clearly states that if you intend to be a surrogate for purposes of acquiring money, then it is illegal. BUt if your intention is just to help an infertile couple, then there is no harm provided you meet the conditions laid down in the act. They are:

a close relative of the intending couple; a married woman having a child of her own; 25 to 35 years old; a surrogate only once in her lifetime; and for any condition or disease specified through regulations.

If you belong to any of the conditions mentioned above, then you can rightfully be a surrogate. Thank you.

Commercial surrogacy is banned. Only, altruistic surrogacy is allowed.

Only infertile, Childless legally-wedded Indian couple(5 years after the marriage) can avail surrogacy.