Consular, Passport and Visa Division

Surrogacy Matters

Q: We are a couple of foreign origin and wish to have a baby in India through a surrogate mother. What are the rules applicable in this regard?

Kindly refer to MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015: (Foreign nationals [including Overseas Citizen of India (OCI) cardholders] intending to visit India for commissioning surrogacyFrequently asked questions). As per this circular, no visa is currently being issued by Indian Missions/Posts to foreign nationals to visit India for commissioning surrogacy.

Q: What are the surrogacy related rules applicable to OCI Cardholders?

As per the MHA’s circular no. 25022/74/2011-F.1 (Vol. III) dated 3 November 2015, no permission is to be granted by FRROs/FROs to OCI cardholders to commission surrogacy in India. Further, no exit permission is to be granted by the FRROs/FROs to the child/children to be born through surrogacy to foreign nationals including OCI cardholders. However, for child/children born through surrogacy already commissioned on or before issue of the Circular, exit permissions are decided by FRROs/FROs on a case to case basis.

Q: We are a foreign couple who came to India on a Medical Visa before 03 November 2015 and commissioned surrogacy. The surrogate child is now due for birth and we wish to travel to India to collect the child. Is this possible?

Surrogacy arrangements commissioned earlier, where the gestation commenced before the issuance of MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 November 2015 constitutes "pipeline cases”. All such cases need to comply with the following conditions before a visa is approved for a foreign couple on a case-to-case basis to visit India for the purpose of collecting the surrogate child:

  • Surrogacy is recognised as legal as per prevalent laws in the country of the visa applicant.
  • Surrogacy was commissioned by the parents (foreign nationals including the OCI card holders) in compliance with the extant procedure (gestation commenced before 03 November 2015) i.e. Surrogacy was commissioned by the foreign couple jointly during a visit to India after obtaining a medical visa with all the supporting documents and after entering into appropriate contract with the surrogate mother and following due procedure laid by MHA/ICMR/FRRO in this regard inter alia.
  • Surrogacy should not have been commissioned using frozen sperms/eggs in absentia or without a valid contract.

If these conditions are fulfilled, an entry visa (X) (or a Medical Visa as appropriate) may be issued by the concerned Indian Mission/Post to the applicants only for the purpose of collecting the surrogate child (added in the remarks section), due for birth, subject to usual checks and after ensuring the following:

  • Veracity of the documents submitted for the visa along with the application
  • A notarised undertaking jointly from the couple giving an assurance therein that they would take full responsibility of the child/children born through surrogacy in India and that they would apply and obtain the appropriate travel document and citizenship for their surrogate child from their Government.