India’s Surrogacy and IVF Laws & Options

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.