Surrogacy laws in India
Home Ministry lays not confirmation of accepting on banning surrogacy
The Ministry of Home Affairs has not issued any laws of guidelines for surrogacy in India.
However, they have issued guidelines with regards to the the VISA category required for taking up surrogacy arrangement. A medical surrogacy VISA for surrogacy treatment can be granted on once the following conditions are completed:
1. The foreign man and woman are duly married and the marriage should have sustained at least for two years.
2. A letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be submitted along with the Medical Surrogacy VISA application. It should mention:
a. the country recognizes surrogacy
b. the child/children born from the surrogacy treatment to the couple will be allowed entry back into their home country as their biological children.
3. The couple submits an undertaking that they would take care of the child/children.
4. The treatment is done only at a registered IVF Clinic recognized by ICMR.
5. They have a duly notarized agreement between the treatment undergoing couple and the prospective Indian surrogate mother.
If any of the above conditions are not fulfilled, the surrogacy visa application shall be rejected.
Before leaving India for their journey back to their home country, ‘Exit’ permission from FRRO/FRO will be required. The FRRO/FRO will check if the Couple has a certificate from the IVF clinic that all duties towards the surrogate are complete as per the agreement and the child has been officially given into their custody. Certain Document are kept by the FRRO/FRO like the birth certificate(s) of the child/children, copies of the passport and surrogacy visa of the couple.
Letters from the Government officials stating the above: