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New guidelines pertaining to surrogacy – Ministry of Home Affairs, New Delhi

Posted by on Mar.25, 2014


  1. 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.
  2. The foreign man and women intending to commission surrogacy should be duly married and marriage should have sustained at least for two years. Please note that current Indian laws do not recognize gay marriages.
  3. The couple commissioning surrogacy should be in possession of a letter from the Embassy of the foreign country in India or the Foreign Ministry of the country stating clearly that:
      1. The country recognizes surrogacy
      2. 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.
  1. The couple commissioning surrogacy is required o furnish an undertaking that they would take care of the child/children born through surrogacy.
  2. The couple should produce a duly notarised agreement between the applicant couple and the prospective Indian surrogate mother.
  3. The treatment undergoing surrogacy should be done only at one of the registered ART clinics recognized by ICMR.
  4. The foreign couple before leaving India for their return journey would require ‘exit ‘ permission and should be carrying a certificate from the ART clinic concerned regarding the fact that the child/children have been duly taken custody of by the foreigner and he liabilities toward the Indian surrogate mother fully discharges as per the agreement. A copy of the birth certificate(s) of the surrogate child/children will be retained by the FRRO/FRO along with photocopies of the passport and visa of the foreign parents.


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