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.
Dr Neeraj Pahlajani
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