File photo: A surrogate mother sits at a clinic in New Delhi (AFP)
New Delhi:
Foreign nationals intending to visit India for commissioning surrogacy will not be allowed to come on a tourist visa from Friday with the Home Ministry ordering strict adherence of surrogacy laws.
In an order, the Home Ministry said several instances of foreign nationals visiting India on tourist visas for commissioning surrogacy have been reported and no such relaxation would be allowed after November 1.
"This (tourist visa) is not the appropriate visa category and such foreigners will be liable for action for violation of visa conditions. The appropriate visa category will be a medical visa," the order said.
The Ministry said it is also necessary in such cases to ensure that the surrogate mother is not cheated and therefore, such a visa may only be granted if certain conditions are fulfilled.
The conditions include that the foreign man and woman are duly married and the marriage should have sustained at least for 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 a biological child/children of the couple commissioning surrogacy.
The couple will have to furnish an undertaking that they would take care of the child/children born through surrogacy, the treatment should be done only at one of the registered Assisted Reproductive Treatment (ART) clinics recognised by Indian Council of Medical Research.
In an order, the Home Ministry said several instances of foreign nationals visiting India on tourist visas for commissioning surrogacy have been reported and no such relaxation would be allowed after November 1.
"This (tourist visa) is not the appropriate visa category and such foreigners will be liable for action for violation of visa conditions. The appropriate visa category will be a medical visa," the order said.
The Ministry said it is also necessary in such cases to ensure that the surrogate mother is not cheated and therefore, such a visa may only be granted if certain conditions are fulfilled.
The conditions include that the foreign man and woman are duly married and the marriage should have sustained at least for 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 a biological child/children of the couple commissioning surrogacy.
The couple will have to furnish an undertaking that they would take care of the child/children born through surrogacy, the treatment should be done only at one of the registered Assisted Reproductive Treatment (ART) clinics recognised by Indian Council of Medical Research.
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