Section 1 : OCI / PIO CARDHOLDERS
OCI/PIO Cardholders coming to India for commissioning surrogacy will not require a separate Medical Visa. With effect from February 27, 2014, however, on arrival to India and before commissioning surrogacy, they will have to obtain a special permission from the FRRO concerned.
Section 2 : INDIANS LIVING ABROAD
If both partners in a couple, or single man wishing to undergo surrogacy in India, are holding Indian passports, they do not need to procure any special visa. If they are living abroad, they can undergo surrogacy in India. They also do not need to register with the FRRO. They have to though provide an affidavit that they will not change their citizenship, during the surrogacy process.
Section 3 : SHIPPING OF EMBRYOS
You may also ship your embryos to India, procure your medical visa, and come to India for embryo transfer to the surrogate mother.
The Ministry of Home Affairs has not issued any guidelines either allowing or prohibiting surrogacy in India. However, Ministry of Health and Family Welfare is the nodal Ministry in this regard.
The VISA category required for taking up surrogacy arrangement is medical surrogacy VISA. A medical surrogacy VISA for surrogacy arrangement could be granted on the fulfillment of the following conditions:
a) The foreign man and woman are duly married and the marriage should have sustained at least for two years.
b) A letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be enclosed with the Medical Surrogacy VISA application stating clearly that
(a) The country recognizes surrogacy and
(b) The child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as biological child/children of the couple commissioning surrogacy.
(c) The couple will furnish an undertaking that they would take care of the child/children born through surrogacy.
(d) The treatment should be done only at one of the registered ART clinics recognized by ICMR. (The list of such clinics will be shared with MEA from time to time)
(e) The couple should produce a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother.
If any of the above conditions are not fulfilled, the surrogacy visa application shall be rejected.
Further, before the grant of surrogacy visa, the foreign couple needs to be told that before leaving India for their return journey, ‘Exit’ permission from FRRO would be required. Before granting ‘exit’, the FRRO will see whether the foreign couple is 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 that the liabilities towards the Indian surrogate mother have been fully discharged as per the agreement. A copy of the birth certificate(s) of the surrogate child/children will be retained by the FRRO along with photocopies of the passport and surrogacy visa of the foreign parents.
However, the couple may visit India on a tourist VISA for executing the agreement on a reconnaissance trip, but no samples may be given to any clinic during such preliminary visit.