Foreign nationals intending to visit India for commissioning surrogacy must necessarily apply for a Medical Visa.
2. The applicants need to ensure that the following conditions are fulfilled ahead of their application, so that all paperwork is complete:
- The foreign man and woman must be duly married, and the marriage should have sustained for at least two years;
- A letter from the Embassy of the foreign country in India, or the Foreign Ministry of the country, should be enclosed with the Visa application stating clearly that;
- The country recognises surrogacy; and,
- The child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as biological child/children of the couple commissioning surrogacy;
- The couple will furnish an undertaking that they would take care of the child/children born through surrogacy;
- The treatment should be undertaken only at registered Assisted Reproductive Technology (ART) clinics recognized by the Indian Council of Medical Research (ICMR); and
- The commissioning couple should produce a duly notarised agreement between them and the prospective Indian surrogate mother.
3. If any of the above conditions are not fulfilled, the visa application shall be rejected.
4. Before leaving India for their return journey, 'exit' permission from FRRO/FRO would be required. Before granting 'exit', the FRRO/FRO will see whether the foreign couple is carrying a certificate from the ART clinic concerned regarding the fact the child/children have been duly taken custody of by the foreigner, and that the liabilities towards the Indian surrogate mother have been fully discharged as per the agreement.
5. A copy of the birth certificate(s) of the surrogate child/children will be retained by the FRRO/FRO along with photocopies of the passport and visa of the foreign parents.