A surrogacy arrangement materializes as the carrying of a pregnancy for intended parents. There are two main types of surrogacy, gestational surrogacy and traditional surrogacy. In gestational surrogacy, the pregnancy results from the transfer of an embryo created by IVF, in a manner so the resulting child is genetically not linked to the surrogate. India do not allow traditional surrogacy however gestational surrogacy can be availed by any childless couple of India or OCI/PIO Card Holder after approval from Medical Board and Health Department. Gestational surrogacy is more common than traditional surrogacy and is considered less legally complex. Though surrogacy becomes one of the major attracting aspects to draw people from overseas, this also helps for NRI/PIO/OCI get their medical issue solved through latest fertility treatments, known as fertility treatment.
Intended parents may look for a surrogacy arrangement when medical issues formulate pregnancy not possible or make carrying a pregnancy risky. As per Latest Law of Surrogacy in India, Only Altruistic Surrogacy will be allowed. If the surrogate gets compensation beyond the reimbursement of medical and the other reasonable expenses, the arrangement is known as commercial surrogacy; or else, it is referred to as altruistic surrogacy. The legality and costs of surrogacy differ widely between jurisdictions. Cost of Approval in India starts from 3L and goes up to 10 Lakhs depending upon case to case.
Provisions applicable to OCI/PIO Cardholders for commissioning surrogacy in India
NRI/OCI/PIO cardholders coming to India for commissioning surrogacy do not require any Medical Visa. Following Thins are required with an intending couple for Surrogacy
- The couple should be duly married and the marriage should have maintained at least for two years.
- They should put in a letter from the Embassy of the foreign country in India or the Foreign Ministry of the country with the application stating clearly that (a) the country distinguishes surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be let entry into their country as a biological child/children of the couple commissioning surrogacy.
- The couple should provide an undertaking that they would look after the child/children born through surrogacy.
- The treatment should be executed well only at one of the registered ART Clinics familiar by National Board.
- The couple should generate a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother.
Before granting exit to the child/children born through commissioning of surrogacy in such cases, the FRRO concerned will make sure the following – and, as a result, must be born in mind by the PIO? OCI Card holder, who is going for surrogacy:
- The OCI/PIO Cardholder had obtained the requisite prior permission from FRRO/FRO concerned for commissioning surrogacy as mentioned above.
- The OCI/PIO Cardholder is carrying a certificate from the ART clinic concerned regarding the fact that the child/children have been duly taken custody of by the OCI/PIO cardholder and the liabilities towards the Indian surrogate mother have been completely discharged as per the Agreement.
- A copy of the Birth Certificate(s) of the surrogate child/children will be kept by the FRRO along with photocopies of the passport and OCI/PIO card of the OCI/PIO cardholder.
