Is Surrogacy Legal in India for Foreigners?

No, surrogacy in India is not legal for foreigners. Surrogacy in India has been a popular choice for international couples seeking affordable and high-quality fertility services. 

Historically, India was a hub for commercial surrogacy, attracting many foreigners due to its well-established medical infrastructure and cost-effective procedures. 

However, recent legal changes have significantly altered the landscape of surrogacy for foreigners in India. 

In this blog, we will explore the current status of surrogacy for foreign nationals in India and provide an overview of the regulations and alternatives available.

 

Get in touch for FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: neelam@ivfconceptions.com

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Latest surrogacy laws in India 

The Surrogacy (Regulation) Act 2021, which was passed to curb commercial surrogacy and ensure the protection of surrogate mothers and children, includes specific guidelines about who can avail of surrogacy services in India. Under this law, only heterosexual married couples are legally eligible to pursue surrogacy, with some exceptions.

 

More Resources to Read:

Cost of Surrogacy in USA: What to Expect

Who Can Become Surrogate Mother: Requirements And Info

Surrogate Mother Cost for Twins: What to Expect

Average Cost for Surrogacy: Detailed Breakdown

 

THE SURROGACY (REGULATION) ACT, 2021

• Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
• Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
• Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must. 
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
• Couple have not had any healthy surviving child biologically or by adoption.
• Have to have Medical indication necessitating gestation surrogacy.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
• Parentage Order passed by First class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.

 

I hope you are aware that surrogacy in India is not straightforward now and as per the new surrogacy regulations bill, there have been some eligibility criteria that need to be fulfilled and also you need to have approval from the surrogacy board in your state.  

To confirm all this, can you give below detail to see if we can assist you with surrogacy in India legally?

 

⎪       Female Partner Age: 

⎪       Male Partners Age:

⎪       Citizenship:  

⎪       Marital status:  

⎪       Any child?:

⎪       Medical reason for surrogacy: 

⎪       Self or donor cycle: Self eggs

⎪       Present location: 

 

If you will not be eligible for surrogacy in India, we can offer other countries as well. We are happy to set up a consultation call to discuss your options and further assistance, if needed. 

 

Legal Status of Surrogacy for Foreigners in India

The Surrogacy (Regulation) Act 2021 has drastically changed the surrogacy scene in India. According to the new law, commercial surrogacy is no longer available for foreigners. The law restricts surrogacy to Indian citizens and Overseas Citizens of India (OCI). 

Foreign nationals—whether married couples, singles, or LGBTQ+ individuals—are no longer allowed to enter into surrogacy agreements within India. This shift aims to regulate the surrogacy industry more strictly and prevent exploitation, particularly of women who serve as surrogates.

 

Why Was Surrogacy for Foreigners Banned in India?

The main objective behind the ban on foreign surrogacy is to curb the growing concerns of exploitation and unethical practices in the surrogacy industry. The Indian government has expressed concerns that commercial surrogacy, particularly for foreigners, was leading to the exploitation of surrogate mothers. 

The lack of sufficient legal safeguards for surrogate mothers and children in some cases was another major reason for the new regulation.

Moreover, there were fears of human trafficking, where women were being coerced or misled into becoming surrogates. The government also aimed to put an end to unregulated surrogacy practices that often involved the commodification of women’s reproductive labor. 

By limiting surrogacy to Indian citizens and OCIs, the government seeks to ensure that surrogacy remains an ethical and controlled practice.

Who Can Pursue Surrogacy in India Now?

As per the Surrogacy (Regulation) Act 2021, only Indian citizens and Overseas Citizens of India (OCI) are eligible to pursue surrogacy in India. In addition to this, the following criteria apply:

• Intended parents must be legally married for at least five years.
• They must have documented proof of infertility.
• Intended parents must fall within the age range of 25-50 years for women and 26-55 years for men.

This means that while surrogacy is still available in India, it is only for those with close ties to the country, either through citizenship or overseas citizenship status. The law is designed to ensure that surrogacy is only available to people who can genuinely prove their need for a surrogate, rather than those seeking to take advantage of India’s historically low surrogacy costs.

 

The Process of Surrogacy for Indian Citizens and OCIs

For Indian citizens and OCIs who meet the eligibility requirements, the surrogacy process remains largely unchanged. Here’s a look at how surrogacy works for those who qualify:

1. Choosing a Fertility Clinic: The first step is to choose a reputable fertility clinic that specializes in surrogacy. The clinic will assess the medical condition of the intended parents and provide them with all necessary tests, such as sperm and egg collection.
2. Screening and Selection of Surrogate Mother: Surrogates are carefully selected based on medical, psychological, and legal assessments. The surrogate mother will undergo thorough health checks to ensure she is fit to carry the pregnancy.
3. Embryo Transfer and Pregnancy Monitoring: Once the embryos are created through IVF (in vitro fertilization), they are implanted into the surrogate mother. The pregnancy is closely monitored to ensure the health of both the surrogate and the baby.
4. Legal Agreement: A legal contract is signed between the intended parents and the surrogate, outlining the responsibilities, rights, and expectations of both parties.
5. Birth and Parental Rights: Once the child is born, the intended parents are recognized as the legal parents of the child, and necessary paperwork is processed to complete the adoption and citizenship procedures.

 

Alternatives for Foreigners Interested in Surrogacy

As surrogacy is no longer available for foreigners in India, they must look for alternatives in countries where surrogacy laws are more favorable to international intended parents. Several countries have legal frameworks that allow foreigners to pursue surrogacy:

1. Georgia Country: Known for its relatively affordable surrogacy options, Georgia has become a popular choice for international couples. It offers a legal and regulated surrogacy process, allowing foreigners to pursue surrogacy with ease.
2. Ukraine: Ukraine is another well-known surrogacy destination for foreigners. It allows for both gestational and altruistic surrogacy, making it a great option for international couples.
3. Mexico: With more relaxed laws regarding surrogacy, Mexico has long been a popular destination for international intended parents seeking surrogacy options.
4. Armenia:  Armenia allows surrogacy for foreign couples under specific conditions. The country offers a legal framework for gestational surrogacy, making it an attractive option for international parents.
5. United States: Some states in the U.S. have favorable surrogacy laws for foreigners. States like California and Illinois have well-regulated surrogacy programs, though they tend to be more expensive compared to countries like India or Mexico.

 

Can Overseas Citizens of India (OCI) Opt for Surrogacy?

Yes, Overseas Citizens of India (OCI) are still eligible to pursue surrogacy in India. The laws provide that OCI cardholders who meet the same requirements as Indian citizens can proceed with surrogacy. However, they must fulfill the same eligibility criteria that apply to Indian citizens, including:

• Proof of infertility.
• Being in the age range of 25-50 years for women and 26-55 years for men.
• Being married for at least five years.

 

Additional Resources to Read:

Choosing the Best Surrogacy Agency in Georgia Country

The Complete Guide to Surrogacy Cost Without Agency

13 Crucial Factors for Choosing the Right Surrogacy Agency for You

Why Ukraine Surrogacy Agency?

 

Conclusion

So, to conclude, surrogacy in India is not allowed for foreigners.

Surrogacy in India is no longer an option for foreigners due to the Surrogacy (Regulation) Act 2021, which restricts the practice to Indian citizens and Overseas Citizens of India (OCI). While this has created challenges for many international couples seeking surrogacy in India, it is important to understand the reasons behind this decision, such as the need to ensure ethical practices and protect surrogate mothers from exploitation.

Foreigners interested in surrogacy now have alternative destinations such as Georgia, Ukraine, and Mexico, where surrogacy remains legal and accessible. It’s always advisable for international intended parents to consult with experienced surrogacy agencies and legal experts to navigate the complex regulations and ensure a smooth surrogacy journey.

 

If you are considering surrogacy in India, always consult with a legal expert and a qualified medical professional to understand the legal implications and ensure the process is carried out ethically and legally.

 

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Ukraine Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 14 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families.

Get in touch for FREE SURROGACY CONSULTING:

Mobile: +91-8800481100 ( WhatsApp, Line, Viber)

Email: neelam@ivfconceptions.com

📮  www.ivfconceptions.com   

 

 

Why Choose us for your smooth and successful surrogacy journey!!

• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience. 
• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.  
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc. 
• All transparent financial transactions with affordability. You make direct payment with no additional fee on top. 
• No hidden agent fee or surprise cost later on.  All fees paid directly as per the agreement signed with service provider. 
• Dedicated case manager to each IPs. 
• Honest, transparent and quick communications.
• Assistance in all legal matters pertaining to visa and taking baby home process.
• Local support with access to all medical reports of egg donors and surrogate mothers.
• Assistance in all logistics of frozen sperms/embryos shipments. 
• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.

FAQs on Surrogacy in India for Foreigners

1. Is surrogacy legal in India for foreigners?

No, surrogacy is no longer legal for foreigners in India. The Surrogacy (Regulation) Act 2021 prohibits commercial surrogacy for foreign nationals. Only Indian citizens and Overseas Citizens of India (OCI) are eligible to pursue surrogacy in India.

2. Why was surrogacy for foreigners banned in India?

Surrogacy for foreigners was banned to prevent exploitation and unethical practices in the surrogacy industry. The Indian government aimed to protect surrogate mothers from being coerced into surrogacy and to regulate the industry more effectively to ensure ethical standards are met.

3. Who can still pursue surrogacy in India?

Only Indian citizens and Overseas Citizens of India (OCI) are eligible for surrogacy in India. They must also meet specific eligibility criteria, including age restrictions and proof of infertility.

4. What is the eligibility criteria for surrogacy in India?

The eligibility requirements include:

• Indian citizens or OCIs.
• A legally married couple for at least five years.
• The woman must be aged between 23 and 50 years, and the man between 26 and 55 years.
• Proof of infertility.

5. Can single people or same-sex couples opt for surrogacy in India?

Currently, surrogacy is only available to heterosexual, legally married couples who meet the eligibility requirements. Single individuals and same-sex couples are not eligible to pursue surrogacy in India.

6. Are there alternatives for foreigners who want surrogacy?

Yes, several countries allow foreigners to pursue surrogacy, including Georgia, Ukraine, Mexico, and the United States. These countries have more favorable laws for international surrogacy, and they are popular destinations for foreigners seeking surrogacy.

7. What is the process of surrogacy for Indian citizens and OCIs?

For Indian citizens and OCIs, the surrogacy process involves:

1. Choosing a fertility clinic and undergoing medical assessments.
2. Selecting a surrogate mother who undergoes health and psychological screening.
3. Embryo transfer and close pregnancy monitoring.
4. Legal agreements outlining the rights and responsibilities.
5. The intended parents are the legal parents once the baby is born.

8. Is altruistic surrogacy allowed for foreigners in India?

Altruistic surrogacy is also restricted for foreigners under the new surrogacy law. Altruistic surrogacy is only available to Indian citizens and OCIs who meet specific criteria.

9. What should foreigners do if they still want surrogacy?

Foreign nationals should consider alternative surrogacy destinations like Georgia, Ukraine, and Mexico, where surrogacy is still legal and available for international intended parents.

10. What are the legal implications for foreigners pursuing surrogacy in India?

Since commercial surrogacy is no longer allowed for foreigners, attempting to engage in surrogacy in India could lead to legal complications. It’s essential for foreigners to consult legal experts before considering surrogacy to avoid facing legal action.

11. Is surrogacy cheaper in India for foreigners?

Historically, surrogacy in India was significantly cheaper compared to other countries. However, with the ban on foreign surrogacy, international couples can no longer benefit from India’s lower costs, and they will need to look at alternatives in other countries.