Surrogacy is legal in India, Under the Assisted Human Reproduction Act passed in 2002, and a surrogate mother may only be reimbursed for surrogacy/pregnancy related expenses.
There are 2 types of surrogacy arrangements, gestational surrogacy and traditional surrogacy, and 2 types of surrogate mothers, gestational surrogates and traditional surrogates.
In gestational surrogacy, the child is not biologically related to the surrogate mother, who is often referred to as a gestational carrier. Instead, the embryo is created via In vitro fertilization, using the eggs and sperm of the intended parents or donors, and is then transferred to the surrogate.
In traditional surrogacy, the surrogate doubles as the egg donor and is the biological mother of the baby she is carrying; the embryos are created using sperm from the intended father or a donor in a process called Intrauterine insemination. This type of surrogacy is also known as full surrogacy or genetic surrogacy.