Visa for commissioning surrogacy
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Visa for foreign nationals intending to visit India for Commissioning Surrogacy and conditions for grant of visa for the purpose
ADVISORY FOR VISA SEEKERS
Any Japanese national seeking visa to travel to India for the purpose of entering into a surrogacy arrangement must ascertain beforehand whether the law of Japan permits surrogacy and will provide appropriate travel documents to the child for accompanying the surrogate parents. Entering into surrogacy arrangement under any other visa not sought for surrogacy is punishable under the Indian law.
- Category of Visa:
The appropriate category of the visa in the case of Commissioning Surrogacy is ‘Medical Visa’.
- Conditions for grant of ‘Medical Visa’ in such cases:
(i) The foreign couple are duly married and the marriage should have sustained at least for two years;
(ii) A letter from the Embassy of the applicant’s country in India or the Foreign Ministry of the applicant’s country should be enclosed with the visa application stating clearly that:
(a) the country recognizes surrogacy; and
(b) child/children born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple commissioning surrogacy.
(iii) The couple will furnish an undertaking that they would take care of the child/children born through surrogacy.
(iv) The treatment should be done only at one of the registered Assisted Reproductive Technology (ART) clinics recognized by Indian Council of Medical Research (ICMR).
(v) 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 visa application will be rejected.
- Before leaving India for their return journey, ‘exit’ permission from FRRO/FRO would be required. Before granting ‘exit’, the FRRO/FRO 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/FRO along with photocopies of the passport and visa of the foreign parents.
- For drawing up and executing the agreement cited at para 2(v) above, the foreign couple can be permitted to visit India on a reconnaissance trip on Tourist Visa, but no medical samples may be given to any clinic during such preliminary visit.