THIRUVANANTHAPURAM: The Center has clarified that transgender persons—whether married or unmarried—are not eligible to avail surrogacy services under the existing provisions of the Surrogacy (Regulation) Act, 2021, in response to a clarification sought by Kerala, a state often projected as one of the country’s most progressive regions on transgender rights.In a communication dated April 15, 2026 (accessed by TOI), the ministry of health and family welfare informed Kerala’s state nodal officer for assisted reproductive technology (ART) and surrogacy that the current law permits surrogacy services only for three categories—an ‘intending couple’ comprising an Indian married man and woman, an ‘intending woman’ who is a widow or divorcee, and couples of Indian origin, where both husband and wife are. overseas citizen of India (OCI) card holders.The clarification came after Kerala sought the Centre’s opinion on a case involving a transgender woman who is legally recognized as female under the country’s law and is married to a male partner.According to the query sent by the state, the transgender woman—assigned male at birth—had approached the state’s appropriate authority seeking gestational surrogacy using donor oocytes (immature eggs harvested from a donor) through a registered private surrogacy clinic. The state informed the Center that while the applicant’s gender is legally recognized as female, she does not possess a uterus and is biologically incapable of gestation.The state sought clarification on whether such a couple could qualify as an ‘intending couple’ under the Surrogacy (Regulation) Act, 2021, whether legal gender recognition alone is sufficient for determining eligibility under the Act, and whether a transgender woman legally recognized as female but lacking a uterus could be considered eligible for gestational surrogacy under the existing statutory framework.Responding to the query, the Center referred to Sections 2(1) (h), 2(1) (r), 2(1) (s) and Section 4(ii) (a) of the Surrogacy Act. “As per the aforementioned sections of the Surrogacy Act, 2021 only (i) intending couple (Indian married man and woman), (ii) intending woman (Indian woman widow or divorcee) and (iii) couple of Indian origin (both husband (male) and wife (female) OCI card holders) are eligible to avail surrogacy services in India subject to fulfillment of eligibility criteria,” the Center stated.“In view of the above provisions, it is stated that the transgender persons (married or unmarried) are not eligible to avail surrogacy services under the Surrogacy (Regulation) Act, 2021 and rules made therein,” the communication signed by the under secretary of ministry of health and family welfare said.The issue assumes significance in the state, which was the first in the country to introduce a transgender policy in 2015. The state has since implemented several transgender welfare measures, including healthcare support, educational assistance, self-employment schemes and legal recognition initiatives.
