To avail Surrogacy Services in India, all intending parents need to be eligible as per the guidelines of ICMR ART BILL 2010, MHA and Baby Joy guidelines. The required notifications are mentioned below:
Part 1 : EXCERPT FROM ART BILL 2010
Only those Intended parents who are physically or medically unfit or incapable of carrying a child to term can consider Surrogacy as an option. There are ART banks available through which couples can avail the services of a Surrogate.
Once a child is born through the services of a Surrogate mother, they become legally bound to accept the custody of that child regardless of any abnormality or physical impairment that the child may have. Refusal to accept such a child shall be constituted as a legal offence.
At any given time, a couple or an individual cannot avail the services of more than one Surrogate.
Simultaneous transfer of embryos cannot be done in a woman and a surrogate.
The complete ICMR Bill 2010 regulations and their rules are given below for easy reference.
You may also read the complete ICMR Bill 2010 regulations,
Part 2 : GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS (MHA)
Any foreigner couple wanting to avail the services of a Surrogate have to be married for a minimum period of 2 years as per MHA regulations.
Intended parents can only visit India on a Medical Visa.
The Intended Parent also need to submit a letter from their Embassy or Ministry in India alongwith their visa
application which should clearly state the following ;
That Surrogacy is recognised by their Home country.
That the child/children born via the services of Surrogacy will be considered their Biological child/children and will not be denied entry in their Home country.
NOTE : MHA Notification attached below for reference.
Part 3 : BABY JOY
Before the commissioning of the embryo transfer, the intended parent’s physical presence in India is required at least once.
Part 4 : MEDICAL
Couples in India are only allowed to undergo Surrogacy if they have valid medical reasons which indicate Surrogacy as the only option available to them. Some of those reasons could be – Multiple failed IVF Procedures, multiple miscarriages, Pelvic Inflammatory Disease, endometriosis, deformed or absence of Uterus, fibroids, epilepsy, diabetes etc
Part 5 : FRRO
FRRO registration is a must for both partners.
Kindly note that due to new requirements getting constantly added with MHA, FRRO, ICMR etc, while we will be making all efforts to provide you with updated information on our website, it is requested that all couples should personally keep themselves abreast with the latest information from the relevant authority to avoid any last minute complications during their visit to India.
Other Surrogacy Notifications & Guidelines
Please find below important notifications, guidelines, notes related to Surrogacy in India.
Part 1 : Notifications on ICMR website (ICMR and MHA)