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.

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.