No visa for foreigners planning surrogacy in India

NEW DELHI: In a setback to foreign nationals planning surrogacy in India, the union home ministry has instructed Indian missions and foreigners regional registration offices (FRRO) not to grant visa to couples intending to visit India for surrogacy.

The move comes with health ministry also banning commercial surrogacy in India. In its letter dated November 3, the MHA stated, "the matter has been further examined in consultation with all stakeholders. It has accordingly been decided with the approval of the competent authority to withdraw the 2012 and 2014 circular with immediate effect."

A senior home ministry official said that it has been done to prevent exploitation of women and to make the services available only to Indian married couple. The MHA circular also asked the FRRO "not to give permission of Overseas Citizen of India (OCI) cardholders to commission surrogacy in India."

The present circular is a complete turnaround by MHA of its earlier directives where the home ministry states, "No exit permission should be granted by the FRRO to the children born through surrogacy to foreign nationals, including OCI cardholders." For children brought before issue of home ministry directives, the decision to grant exit permission will be taken by FRROs/FROs on case to case basis, the order said.

In 2012, the UPA government had streamlined surrogacy guidelines as it was noticed that foreign nationals were using tourist visa for the purpose of surrogacy. The conditions laid down in 2012 also required the man and woman to be married for at least two years along with an undertaking that the foreign country recognizes surrogacy and the child born out of surrogacy will be permitted entry into their country as a biological child.

The government was also in the process of bringing "Assisted Reproductive Technology (Regulation) (ART) Bill", with an aim to regulate surrogacy rules in India. The bill is still under consideration. A 2012 study by CII has claimed that nearly 10,000 foreign couples visit India to commission surrogacy where more than 30% were either single or homosexual.