Changes in Surrogacy Laws

GOVERNMENT OF INDIA

MINISTRY OF HEALTH AND FAMILY WELFARE

RAJYA SABHA

QUESTION NO 3174

ANSWERED ON 23.04.2013

Changes in surrogacy laws

3174	SHRI T.K. RANGARAJAN
Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state: (a) whether changes have been proposed in the surrogacy laws; (b) if so, the details thereof; (c) the date from which the changes will come into effect; and (d) whether the changes will affect surrogacy arrangements made by surrogate mothers who conceived before the proposed changes?
ANSWER
ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI ABU HASEM KHAN CHOUDHURY) (a) to (d) 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.