Friday 21 March 2014

Surrogacy laws in India


Rejigging the old, Ministry of Home Affairs, New Delhi issued new guidelines pertaining to surrogacy in India.

With the issue of new guidelines, the ministry has plugged the loopholes in the surrogacy process and leaving no doubts for foreigners seeking fertility assistance in India. In the seven-point edict, Ministry stated that, noncitizens of India can commission surrogacy only on Medical VISA. Tourists VISA would not be considered legitimate to be eligible for undergoing surrogacy treatment and guilty would be liable for action under the law.

Under the second guideline, single parent or couples married for less than two years would be not be eligible to commission surrogacy in India. Underlining that Indian laws do not recognize gay marriages, ministry refuted giving surrogacy assistance to gay couples. So, only opposite sex couples, whose marriage has sustained more than two years would be eligible to commission surrogacy.

In the third guideline, ministry maintained that couple commissioning surrogacy should be in possession of letter from embassy of foreign country in India or Foreign ministry of the country stating two things clearly, first the country recognizes surrogacy and second the child to be born to commissioning couple through the Indian surrogate will be permitted entry into the country as their biological child/children to the commissioning couple.

Fourth guideline made it mandatory for the commissioning couple to sign an undertaking vowing that they would take care of child/children born through surrogacy.
Couple would also need to produce a duly notarized agreement between applicant couple and the prospective Indian surrogate, so as to protect the interest of both, as mentioned in the fifth guideline.

Ensuring no illegal conduct, a diktat for only Indian Council of Medical Research (ICMR) recognized Assistant Reproductive Technology (ART) clinics to conduct surrogacy related treatment was issued in the sixth guideline. This guideline was issued to reduce the chances of forgery and ensuring resistance free service to the foreigners.

In the final guideline, the foreign couple would require ‘exit’ permission before their return journey from India and would need to carry a certificate from concerned ART clinic regarding the fact that child/children have been duly taken custody by the foreign couple and the liabilities toward the India surrogate mother are fully discharged as per agreement. A copy of birth certificate(s) of surrogate child/children will be retained by Foreigner Regional Registration Office (FRRO)/Foreigners Registration Office (FRO) along with photocopies of the passport and VISA of the foreign parents.



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