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India’s Surrogacy and IVF Laws & Options

As an Indian citizen living in India or outside India, the Surrogacy (Regulation) Amendment Rules, 2024, and previous laws will still apply to you, as long as you maintain your Indian citizenship. Here’s what you need to know:

1. Eligibility for Surrogacy in India:

  • As an Indian citizen, you are eligible to commission surrogacy in India, even though you reside abroad.
  • You do not need to be an NRI or OCI cardholder, because your Indian citizenship qualifies you to use surrogacy services in India.

2. Surrogacy Process and Legal Requirements:

  • Legally Married: You must be legally married to your spouse. Surrogacy laws in India are applicable only to married couples.
  • Pre-surrogacy Approval: The process requires official documentation that demonstrates you are legally married, medically eligible, and financially stable to proceed with surrogacy.
  • Court Hearings: For Indian citizens living abroad, you may still need to participate in court hearings in India to establish the legal guardianship of the child born through surrogacy.
  • Surrogate Agreements: You will enter into a legal surrogacy agreement that clearly defines the roles and responsibilities of both you and the surrogate.

3. Eligibility for Using Donor Gametes:

  • If either of you (the intended parents) has a medical condition that prevents conception, you can use donor gametes (egg or sperm) with a legitimate medical justification.

4. Cost of Surrogacy:

  • The cost of surrogacy in India for Indian citizens can range about $45,000 (excluding legal fees), and you may incur additional costs for legal processing and travel.
  • Costs may vary depending on the clinic and other circumstances, so it's advisable to consult directly with clinics.

5. Citizenship of the Child:

  • The child born via surrogacy in India will typically be granted Indian citizenship unless otherwise specified.
  • If you, as an Indian citizen, are the legal parent of the child, the baby will likely be eligible for Indian citizenship. However, if you are residing in the USA and have U.S. citizenship, the child may also be eligible for U.S. citizenship based on your nationality and the U.S. laws.

6. Legal Framework for Surrogacy in India:

  • Surrogacy in India is regulated by the Surrogacy (Regulation) Act of 2021 and amended by the Surrogacy (Regulation) Amendment Rules, 2024.
  • The amendments limit surrogacy to married couples, and single individuals or same-sex couples are not eligible.
  • The legal process includes obtaining court orders for the parental rights of the intended parents.

7. Visa Requirements:

  • If you are living in the USA and wish to travel to India for surrogacy, you do not need a medical visa if you are an Indian citizen with an Indian passport.
  • However, you may need to make multiple trips to India (typically 3) for medical consultations, legal hearings, and to take the child home after birth.

8. Other Considerations:

  • Be prepared for a longer timeline for the legal process and required trips. It can take approximately two years due to legal proceedings, especially for Indian citizens residing abroad.
  • Consult with legal experts and surrogacy agencies to ensure that you follow the necessary legal framework in India, both for the surrogacy process and for obtaining the child’s citizenship if you're living abroad.

Laws for NRIs for Surrogacy in India

Is surrogacy in India for NRI (Non-Resident Indians) allowed?

Yes, if they are Indian passport holders. But if they are OCI/PIO, it is recommended to contact our case manager to discuss your specific case. There are legal filings that need to me made as part of the surrogacy process and will be filed by the lawyer kept on behalf of the intended Parent. These include:

  • Medical Indication and need for surrogate – Board
  • Parental Order before Magistrate
  • Eligibility documentation – by Intended Parents
  • Eligibility documentation – by surrogate
  • Essentiality Certificate – from IVF Physician
  • Others – as needed.

Who is not eligible for surrogacy in India?

Foreign nationals who are not OCI cardholders or NRIs may not be eligible for surrogacy in India under the current regulations.

Is surrogacy legal in India for Indian citizens?

Yes, surrogacy is legal in India for Indian citizens. Intended Parents should not have any children from earlier marriages or relationships. Furthermore, the couple must engage a willing married woman as a surrogate, who already has at least one child.

NRI Options We Facilitate in India

  • Low Cost IVF
  • Low Cost IVF With Egg Donor
  • Donor Embryos
  • Surrogates Using Donor Eggs And IP Sperm

Ready to Begin? Let Us Help You Build Your Family

Indian Egg Donor specializes in gently helping the patient identify the root cause of their medical issues and then assist them to recover from their problems to help them move forward to good health.

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