Surrogacy Laws in India
Who Is Eligible?
- To indulge with surrogacy services in India, person coming outside from the country should be at least 2 years old of marriage heterosexually.
- The person’s home embassy must provide a letter confirming to recognize surrogacy.
- Also the person’s country embassy should have helpfully issued a letter for this purpose.
- Indian Citizens, Couple or Single, are eligible for surrogacy, though.
- People of Indian Origin having PIO/OCI card can directly come for surrogacy, though other requirements like marriage and letter from Embassy still apply.
Getting Medical Visa
- To get medical visa for surrogacy, the couple will furnish an undertaking in manner to take care of the children born through surrogacy.
- The treatment should be done only at one of the registered Assisted Reproductive Technology (ART) clinics recognized by Indian Council of Medical Research (ICMR). Our Clinic is Registered.
- The couple should produce a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother. We will arrange the agreement on your request.
- Once you are ready, contact us and our Legal Team will process all your documents. You will need to send us a copy of your marriage certificate.
Baby Exit Process
- The birth certificate of the baby is provided from the local municipal authority within 4 – 7 days.
- You then apply for DNA test of the baby and thereafter the Passport of the baby at your Country’s embassy at New Delhi.
- You then apply online for an appointment with the FRRO [Foreigners Regional Registeration Office] for the Exit Visa for the baby.
- FRRO will see that foreign couple carries a certificate from ART clinic regarding fact that child has been duly taken custody by the foreigner and the surrogate mother has been paid fully.
- All Documents relating to baby exit visa are prepared by our Baby Exit Assistance team, with a member accompanying you for FRRO appointments.
You are therefore hereby ordered to ascertain all the above mentioned details before commissioning the surrogacy cases of foreigners and not to accept any case for surrogacy if the conditions of no. 1 to7 of this letter are not fulfilled by the foreigner. Contravention of this order may hold you liable for legal action under the Foreigners Act 1946. Also you are hereby informed that because of noncompliance of this order on your part if in future any complication arises in respect or surrogate baby’s nationality and their parenthood, you will be held responsible for it.
Further you are directed to provide list of foreigners with the details of their nationality, visa, passport, etc. who have already registered with you for commissioning surrogacy to this office.
Notably, same-sex couples, single individuals, unmarried couples and couples who have been married for less than 2 years fall outside these guidelines. Moreover, if the international couple’s country of origin does not recognize surrogacy, then the couple would also be in violation of the Indian guidelines. And the penalty for proceeding with a surrogate arrangement in contravention of these guidelines? Imprisonment. Under Section 14 of the Foreigners Act, 1946, “If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine….”
- Tourist visa is not the appropriate visa category and such foreigners will be liable for action for violation of visa conditions. The appropriate visa category for commissioning surrogacy is a medical visa.
- The foreign man and woman intending to commission surrogacy should be duly married and the marriage should have sustained for at least two years Please also note that current Indian laws do not recognise gay marriages.
- The couple commissioning surrogacy should be in the possession of a letter from the Embassy of the foreign country in India or the foreign ministry of the country stating clearly that:
- a) The country recognises surrogacy;
- b) The child/children to be born to the commissioning couple through the Indian surrogate will be permitted entry into their country as a biological child/children of the commissioning surrogacy.
- The couple commission surrogacy is required to furnish an undertaking that they would take care of the child/children born through surrogacy.
- The couple should produce a duly notarised agreement between the applicant couple and the prospective Indian surrogate mother.
- The treatment concerning surrogacy should be done only at one of the registered ART clinics recognised by ICMR.
- The foreign couple before leaving India for their return journey would require exit permission and should be carrying a certificate form the ART clinic concerned regarding the fact that the child/children have been duly taken custody of by the foreigner and the liabilities toward the Indian surrogate mother are fully discharged as per the agreement. A copy of the birth certificate(s) of the surrogate child/children will be returned by the FRRO/FRO along with photocopies of the passport and visa of the foreign parents.