Changes in Surrogacy Laws

There is no surrogacy law in the country. However, the Ministry of Home Affairs has issued two notifications vide their letters No. F. No. 25022/74/2011-F.I dated 9th July, 2012 and 7th March, 2013. The Ministry of External Affairs has been requested to issue the medical visa instead of Tourist Visa to the foreign nationals visiting India for commissioning surrogacy vide order dated 7.03.2013.

Keeping in view the humanitarian issues involved, directives have been issued that in cases, where the child/children has already been born through commissioning of surrogacy or the birth of the child/children is/are expected shortly, the Indian Missions/Posts may consider grant of medical Visa(up to 3 months) to foreign nationals involved in such cases on production of a letter from the ART clinic concerned certifying the status of the child/children i.e. whether actually born and kept in the hospital/clinic or if not born, the expected date of delivery of the child/children.

This information was given by the Minister of State for Health & Family Welfare Shri Abu Hasem Khan Choudhury in written reply to a question in the Rajya Sabha 23.4.13