Is Surrogacy in India Legal for Foreigners/Surrogacy in India for OCI/NRI
No, surrogacy in India is not legal for foreigners, however, it is possible to do so for OCI holders. Have you ever thought about having a child through surrogacy in India? The Surrogacy Regulation Act of 2021 has changed the rules, making it harder for international couples. It’s important to know these new laws if you’re thinking about surrogacy.
In this article, we’ll look into if surrogacy in India is still an option for foreigners. We’ll see how the new laws have changed things. This journey might surprise you with what’s possible for you as an intended parent.
Key Takeaways
- Surrogacy was legal for foreigners in India between 2002 and 2015, with significant commercial opportunities.
- The Surrogacy Regulation Act of 2021 prohibits commercial surrogacy for foreign nationals.
- Eligibility criteria for intended parents include marriage duration and medical indications.
- Altruistic surrogacy is an option, but it comes with strict regulations and limited compensation.
- Countries worldwide display varied stances on surrogacy, impacting global travel for parental solutions.
- Surrogate mothers must comply with a set of criteria, including age limits and prohibition on using their own gametes.
- Foreign couples must secure clearance from authorities before leaving India with their children.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
Additional guide for surrogacy in India:
Cost of Surrogacy in Mumbai: Affordable Options
Top 5 Best Surrogacy Doctors in Mumbai With High Success Rate (2023)
Best IVF Centers in India – IVF Conceptions
Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed
Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021
Is Surrogacy for NRI in India Allowed?
Understanding Surrogacy in India
Surrogacy is a complex way for people to have children. It involves a woman, called the surrogate mother in India, carrying a baby for someone else. The process has changed a lot in India, thanks to new laws and social views.
What is Surrogacy?
Surrogacy helps people who can’t have kids on their own. The surrogate mother in India carries the baby. The intended parents get ready for their new roles. Laws and ethics focus on the surrogate and the intended parents’ rights.
Types of Surrogacy: Altruistic vs Commercial
There are two main types of surrogacy: altruistic and commercial. Altruistic surrogacy in India means the surrogate only gets back medical costs. Commercial surrogacy in India includes extra money, but it’s now illegal.
Knowing about these types is key:
- Altruistic Surrogacy: Only for Indian couples needing help. The surrogate gets back only medical and related costs. Only Altruistic surrogacy is possible in India.
- Commercial Surrogacy: Banned because of worries about exploitation and unfair practices.
With laws changing, it’s important to understand these types. It helps with the emotional and practical sides of surrogacy in India.
Current Surrogacy Laws in India
India’s surrogacy laws have changed a lot in recent years. The Surrogacy Regulation Act of 2021 is a big part of these changes. It sets clear rules for those wanting to use surrogacy, especially for non-Indian citizens.
Overview of the Surrogacy Regulation Act, 2021
The Surrogacy Regulation Act of 2021 sets a detailed plan for surrogacy in India. It only allows altruistic surrogacy for Indian citizens. This means no commercial surrogacy, which used to be common and paid well.
The law also has tough penalties for breaking the rules. These can include up to 10 years in jail and fines of 1 million rupees. This shows the government’s serious effort to address ethical issues. For foreigners, the act makes it clear that surrogacy started after 2015 is not allowed.
THE SURROGACY (REGULATION) ACT, 2021
A lot of regulations were introduced, impacting many aspects of surrogacy. Glimpse of few of the regulations are marked here below. IF you wish to do surrogacy in India, you need to fulfil these. We are happy to assist you with legal surrogacy program in India, but if you do not pass this condition, then doing surrogacy outside India is possible with us.
Important clauses redefining surrogacy are highlighted below.
- Has to be Gestational Surrogacy (surrogate mother is not genetically linked to the child).
- Altruistic Surrogacy (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. Genetic link is must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Couple of Indian origin.
- Couple have not had any healthy surviving child biologically or adoption.
- Insurance for 36 months, for the Surrogate mother for illness or death.
- Have to have Medical indication necessitating gestation surrogacy.
- No sex selection.
- To obtain 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.
- Surrogate mother should be between 25 to 35 years.
- Surrogate mother will act as Surrogate only once in her lifetime.
- Medical and psychological fitness for Surrogate mother.
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.
Eligibility Criteria for Intended Parents
The act says only married Indian couples can use surrogacy. They must show proof of infertility from a government-approved doctor. Also, also need to meet age limit and having no existing kid.
This makes it hard for foreign couples to use surrogacy in India. The rules have made it clear that only Indian couples can do this. This change has stopped many foreign couples from coming to India for surrogacy.
| Criteria | Details |
| Eligibility | Married Indian couples only/OCI holders |
| Marriage Duration | Should be married |
| Infertility Proof | Medical certificate from a government-appointed board |
| Commercial Surrogacy | Prohibited |
| Penalties for Violation | Up to 10 years of imprisonment and fines up to 1 million rupees |
| Visas for Foreigners | Not permitted since 2018 |
How to Find Surrogate Mothers in India
How Much Does Surrogacy Cost In India ( in 2023)?
Legal Issues Related To Surrogacy In India
Surrogacy In India-Everything Parents Need to Know
Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs
Is Surrogacy in India Legal for Foreigners
No, surrogacy in India is not allowed for foreigners but possible for OCI. Surrogacy in India is complex for foreign nationals due to strict laws. It’s crucial to know the current rules for those thinking about surrogacy abroad. The Surrogacy Regulation Act, 2021 makes surrogacy hard for those not from India.
Restrictions and Regulations for Foreign Nationals
Foreigners in India face strict rules on surrogacy. Commercial surrogacy is banned. Only altruistic surrogacy is allowed, where surrogates get only medical costs covered.
Intended parents must meet certain criteria. They need a valid marriage certificate and must be within age limits. This includes women aged 23 to 50 and men aged 26 to 55.
Foreigners can’t make surrogacy agreements in India anymore. This affects non-Resident Indians and Overseas Citizenship of India (OCI) holders. They can only pursue surrogacy under strict conditions, mainly about their marriage status and length.
This limits the options for foreign parents in India. It makes it hard for them to find surrogacy services here.
Implications of the Surrogacy Ban for Foreign Parents
The ban on surrogacy for foreigners has big effects. Many potential parents can’t have their dream of becoming parents in India. The strict rules make it hard for international couples to find surrogacy services here.
Despite the good services and lower costs, the new laws block many international couples. The legal and bureaucratic challenges make it hard for them to pursue surrogacy in India. This forces them to look for other options.
Impact of Surrogacy Laws on Foreign Nationals
Surrogacy laws in India are changing, making it hard for foreign nationals to become parents. The Surrogacy Regulation Act, 2021 has big effects on your rights. It’s important to understand these laws and options to move forward.
Rights of Foreign Intended Parents
As a foreigner, your rights in surrogacy in India are very limited. The new laws mostly block foreign couples from using commercial surrogacy. This leaves you without rights to legal recognition and custody of your child.
This situation shows the need for clear rules and protection in international surrogacy.
Legal Procedures for Existing Surrogacy Arrangements
If you have a surrogacy agreement already, dealing with legal steps is tough. You might face problems getting your contract recognized in Indian courts. Getting birth certificates and legal parentage could be hard, leading to long disputes.
Alternatives for Foreigners Seeking Surrogacy
With India’s strict laws, looking at other options is key. Countries with better laws might be a good choice. For example, some places offer more rights and support for international parents.
Working with trusted surrogacy agencies in India can also help. They can guide you to find good alternatives abroad.
Alternative and Legal Surrogacy Countries with Lower Costs
For intended parents seeking more affordable surrogacy options, several countries offer legal surrogacy at significantly lower costs compared to the USA and Canada. Here are some popular alternatives:
- Mexico: Surrogacy costs range between $70,000 and $90,000, making it a cost-effective option. Surrogacy is legal in some states, with favorable laws for foreign-intended parents.
- Colombia: Surrogacy in Colombia is legal and costs around $55,000 to $75,000. It is available to both heterosexual and same-sex couples, making it an inclusive and affordable destination.
- Argentina: Surrogacy in Argentina remains unregulated but legal. Costs range from $60,000 to $80,000, with Buenos Aires being a growing surrogacy hub for international parents.
- Georgia: Known for its clear legal framework, surrogacy in Georgia costs between $50,000 and $70,000. It is available to heterosexual couples, with legal recognition of parentage at birth.
- Ukraine: Surrogacy in Ukraine, available only to married heterosexual couples, costs $45,000 to $60,000. The country offers robust legal protection for intended parents.
- Armenia: Armenia is an emerging surrogacy destination with costs ranging from $50,000 to $70,000. The legal framework is favorable for heterosexual couples.
These countries offer legally supported and affordable surrogacy options, making them attractive alternatives for intended parents looking for lower-cost solutions.
Alternative Surrogacy Countries and Costs
| Country | Estimated Surrogacy Cost (USD) | Legal Status | Key Considerations |
| Mexico | $70,000 – $90,000 | Legal in certain states | Available for foreign parents; favorable laws in certain regions. |
| Colombia | $55,000 – $75,000 | Legal for heterosexual and same-sex couples | Affordable and inclusive surrogacy destination with strong legal protection. |
| Argentina | $60,000 – $80,000 | Unregulated but legal | Growing surrogacy hub in Buenos Aires; legal complexities due to lack of regulation. |
| Georgia | $50,000 – $70,000 | Legal for heterosexual couples | Strong legal framework; intended parents are recognized as legal parents at birth. |
| Ukraine | $45,000 – $60,000 | Legal for married heterosexual couples | One of the most affordable options with solid legal protections; not available for single parents or same-sex couples. |
| Armenia | $50,000 – $70,000 | Legal for heterosexual couples | Emerging destination with a favorable legal framework for intended parents. |
Conclusion
The laws on surrogacy in India have changed a lot. This affects both parents and those who help with surrogacy. Indian couples can now deal with the surrogacy process better. But, it’s harder for people from other countries to become parents.
The surrogacy business in India is big, worth between $400 million and $2 billion. It draws many people from around the world. This makes it important to know about the new laws.
Thinking about surrogacy in India? You need to understand the new rules. The Surrogacy (Regulation) Bill has sparked a lot of talk. It might stop international and commercial surrogacy for non-Indian citizens.
This change affects the future of surrogacy for people from other countries. They want to have children but face new legal hurdles.
In short, the laws on surrogacy in India are changing. This means there are both good and bad things happening. Parents-to-be should keep up with the latest rules and talk to lawyers.
By making smart choices, you can deal with the complex surrogacy laws. This way, you can make your dream of having a family come true.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
FAQs for legal surrogacy in India
Is surrogacy legal for foreigners in India?
No, surrogacy is not legal for foreigners in India. The Surrogacy Regulation Act of 2021 bans it for foreign nationals. It only allows surrogacy for Indian citizens.
What are the primary surrogacy laws in India?
The Surrogacy Regulation Act of 2021 is the main law for surrogacy in India. It makes altruistic surrogacy legal for Indian couples. Commercial surrogacy is banned, and it’s only for Indian citizens who meet certain criteria.
What differentiates altruistic surrogacy from commercial surrogacy in India?
Altruistic surrogacy only pays for medical costs. Commercial surrogacy pays more. In India, only altruistic surrogacy is legal.
What are the eligibility criteria for intended parents in India?
Couples must be married for at least five years. They need a medical certificate showing they can’t have kids naturally. These are the rules for altruistic surrogacy in India.
What restrictions exist for foreign nationals wanting to pursue surrogacy in India?
Foreigners can’t enter into surrogacy agreements in India. The Surrogacy Regulation Act of 2021 bans it. They can’t commission surrogacy or get legal rights for children born in India.
What implications does the surrogacy ban have for foreign parents?
The ban means foreign parents can’t access surrogacy in India legally. They must look for other places with better laws for surrogacy.
What rights do foreign intended parents have in India?
Foreign parents have very few rights in India for surrogacy. Current laws mainly help Indian citizens. They have limited options and rights.
What legal procedures for existing surrogacy arrangements involving foreigners?
Existing arrangements might still face legal challenges. Foreign parents should talk to legal experts. The laws and processes are different for non-Indians.
What alternatives do foreigners have for seeking surrogacy?
Foreigners can look at surrogacy in countries with better laws. They can also talk to surrogacy agencies outside India. Adoption is another option for becoming parents.
Source Links
- The Surrogacy Regulation Act of 2021: A Right Step Towards an Egalitarian and Inclusive Society? – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10199460/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10327345/
- Surrogacy in India: What You Need to Know | Surrogate.com – mother-cost/
- Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed – https://www.ivfconceptions.com/surrogacy-in-india-for-overseas-citizenship-of-india-oci/