Rules tightened for foreigners commissioning surrogacy

The Union Home Ministry will withdraw the relaxation on its guidelines for foreign nationals intending to visit India for commissioning surrogacy by this month-end.

The ministry has written to all the Indian embassies that they should adhere to the guidelines and should not offer any concession from November 1 as the relaxations in the guidelines are ending on October 31. Embassies should not grant visa to couples if they do not fulfil all the conditions, a senior official said.

The guidelines for foreigners planning surrogacy in India came up in July last year following allegations that those from abroad were cheating surrogate mothers. There were also reports that the children were ill-treated in foreign land and that they were not treated as citizens there.

According to the guidelines, only those foreign couples who are married for two years could apply for visa for commissioning surrogacy. It was also emphasised that many were coming on tourist visa for this purpose though it was not the appropriate visa category.

It said those not coming on medical visa will be liable for action for violation of visa conditions. It will also be necessary in such cases to ensure that the surrogate mother is not cheated.

Along with visa applications, the guidelines said, a letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be enclosed.

It should clearly state that the country recognises surrogacy and the child to be born to the couple through the Indian surrogate mother will be permitted entry into their country as their biological child.

The treatment should be done only at the registered ART clinics recognised by Indian Council of Medical Research. The couple should produce a duly notarised agreement between them and the prospective Indian surrogate mother.