No visa needed for OCIs & PIOs coming for surrogacy

New Delhi (The Hindu) : Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs) can fly to the country without a medical visa for commissioning surrogacy. Foreigners will, however, have to continue obtaining a visa.

A Home Ministry order says a couple with an OCI or PIO card, married for at least two years, would have to take permission only from the Foreigners’ Regional Registration Office (FRRO) or the Foreigners’ Registration Office (FRO). They must, however, carry a letter from their country, issued by the Foreign Ministry or the Embassy here, saying it recognised surrogacy and that the child born thus would be permitted entry as the couple’s biological offspring.

Truth is bitter, realise NRI couple

Chennai (The Hindu) : Inadvertent admission about surrogacy of their child has US Consulate authorities cancelling passport, while they are left desperately seeking DNA report

An NRI couple from the United States landed themselves in trouble when their child’s passport was cancelled. The U.S. Consulate had revoked the passport after learning that the child was born to a surrogate mother from India.

The couple — the husband carries an Indian passport while the mother and child are having U.S. passports — came to India en route to another foreign country and had approached the US Consulate for the visa details.

The Consulate annulled the passport once the couple inadvertently confessed about the son’s birth origin. It directed the couple to once again apply for an Indian passport for issuing the visa. The couple then approached the Regional Passport Office (RPO) in Secunderabad.

Govt set to allow visas to singles too for surrogacy

(Rahul Tripathi/Indian Express):Easing the surrogacy norms for foreigners, the Ministry of Home Affairs (MHA) has proposed that besides married couples, individuals — whether male or female — should also be allowed visas for the purpose. The current law allows only married couples to apply for visas on this ground.

However, foreign nationals will have to obtain medical visas for the purpose of surrogacy. They cannot use tourist visas."The new rules will, however, continue to bar gay or lesbian couples from hiring surrogate mothers in India. But one of the partners, either male or female, can get a medical visa. They can visit India for a period of one year, which can be extended by another six months," said a senior official. Couples have to be married for at least two years before qualifying for such visas.

At the time of seeking their "exit permit" from the Foreigners Regional Registration Office (FRRO), all foreign nationals who take surrogate children from India will have to undergo DNA tests. "It is important to establish a genetic link through the DNA test," says the ministry's draft proposal.

The amendments are likely to be cleared after Union Home Minister Sushil Kumar Shinde returns from the US.

The MHA has also proposed that such foreigners should submit an undertaking at the Indian embassy or mission in their respective countries stating that the surrogate child born in India will be granted nationality of that country.

"To provide proper care and safety of the baby born from surrogacy and fair treatment to the mother, we have suggested a few amendments at the time of granting visas. The hospitals or clinics where such surrogacy is being performed must be recognised by the Indian Council of Medical Research (ICMR)," said a top MHA official.

The foreign applicants will also be required to submit a letter from the embassy of their country in India or their foreign minister stating that the country recognises surrogacy and the child to be born through the Indian surrogate mother will be permitted entry to their country as a biological child of the couple or individual commissioning the surrogacy. They must also furnish an undertaking stating that they will take care of the child.

No surrogacy visa for gay foreigners

Mumbai ( Madhavi Rajadhyaksha/ TNN) : In a first-of-its-kind step towards regulating the practice of surrogacy in India, the Union home ministry has issued stringent guidelines for visas being issued to foreigners seeking to rent a womb in India. The diktat indicates that gay couples and single foreigners will no longer be eligible to have an Indian surrogate bear their child as only a foreign "man and woman" who have been married for a period of two years will be granted visas. 

Stating that the Union ministry of home affairs had noticed that some foreign nationals visited India for surrogacy on tourist visas, which wasn't appropriate, the ministry decided in a little-known circular sent out to foreign embassies in July 2012 that such foreigners would be eligible to enter India only on "medical" visas, and only if they fulfilled certain criteria. The circular was notified by the Foreign Regional Registration Office in Mumbai on December 17, 2012 and was subsequently sent out to fertility clinics.

It comes even as a legislation to regulate fertility clinics, the Assisted Reproductive Technology (ART) Regulation Bill 2010, awaits tabling in Parliament.

‘Surrogacy visa’ for foreigners visiting India

Dubai (Xpress-Sharmila Dhal, ) : Foreigners visiting India for surrogacy purposes can only travel on medical visas, the Indian Consulate has said.

“We have so far not received any applications in this category,” a spokesperson told XPRESS, but added that foreign nationals living in the UAE can apply for surrogacy visas to India, provided they fulfill other conditions.

Surrogacy is a form of assisted reproductive treatment (ART) in which a woman conceives and carries a child for another couple and then surrenders the newborn child to them.

Every year, an estimated 25,000 children are said to be born to surrogate mothers who rent their wombs in India. Over half of them are commissioned by infertile western couples.

The Indian Consulate said tourist visas are issued to foreign couples for reconnaissance trips as they must produce a duly notarised agreement between them and the prospective Indian surrogate mother when they apply for the surrogacy visa, but no samples can be given to any clinic during the preliminary visit.

Subsequently, it should take a few days before the medical visa is issued. “Subject to all required documents and mandatory clearances, it should take five-six working days,” a spokesperson said.

There are many conditions to be fulfilled by the applicants.  
The foreign couple must have been married for at least two years.

The spokesperson said those seeking a surrogacy visa to India must verify whether the law of his or her country permits surrogacy and will provide travel documents to the child to accompany the surrogate parents.

The treatment can be done only at registered ART clinics recognised by the Indian Council of Medical Research (ICMR). Also before couples leave India, ‘exit’ permits must be be obtained testifying that the couple has taken full custody of the child and all liabilities towards the Indian surrogate mother have been fully discharged.