Issue of Visa for surrogacy
Canadian couples seeking visa to India for purposes of entering into a surrogacy arrangement must ascertain beforehand whether the Canadian law permits surrogacy and will provide appropriate travel document (such as a Passport) to the child for accompanying the surrogate parents back to Canada. Entering into surrogacy arrangement under any other visa not sought for surrogacy is punishable under the Indian law. The couple must have been married for at least 2 years and will be given Medical Visa by us. The couple should produce a notarized agreement with the prospective Indian surrogate mother. The treatment should be done only at one of the registered ART clinics recognised by ICMR.
Visa for Surrogacy Purposes
The Foreign Nationals visiting India for commissioning surrogacy shall apply for a Medical Visa. Foreigners applying under any other category and commissioning surrogacy will be liable for action for violation of Visa conditions.
Requirements : -
o Duly completed, printed and signed on-line visa application form
o Two recent colour passport size (about 35 mm x 35 mm) photographs, showing full frontal view of face against a while background to be pasted/stapled on the application form.
o Current valid passport with minimum of 190 days validity and must have minimum 2 blank pages.
Visa for surrogacy commissioning will only be granted if the following conditions are fulfilled:-
1. The Foreign man and woman are duly married and the marriage should have sustained at least for two years. A copy of the Marriage Certificate must be furnished with the visa application form.
2. A letter from the Embassy of the Applicant's country in India or the Foreign Ministry of the Applicant's country should be enclosed with the Visa application stating clearly that (a) the country recognises surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple commissioning surrogacy.
3. The couple will furnish an undertaking that they would take care of the child/children born through surrogacy.
4. The treatment should be done only at one of the registered Assisted Reproductive Technology (ART) clinics recognised by Indian Council of Medical Research (ICMR).
5. The couple should produce a duly notarised agreement between the applicant couple and the prospective Indian surrogate mother.
6. Before leaving India for their return journey, Exit permission from FRRO/FRO would be required. The Foreign couple should carry a certificate from the ART clinic concerned regarding the fact that the child/children have been duly taken by the Foreigner and that the liabilities towards the Indian surrogate mother have been fully discharged as per the agreement. A copy of the birth certificate (s) of the surrogate child/children along with photocopies of the passport and visa of the Foreign parents should be deposited with the FRRO/FRO.
7. For drawing up and executing the agreement cited at sr. no. 5 above, the foreign couple may visit India on a reconnaissance trip on Tourist visa, but no samples may given to any clinic during such preliminary visit.