- They have to comply with legal requirements in India and their own country.
- Indian law does not permit surrogacy for gay couples, single men and women, non married couples from countries where surrogacy is illegal.
- Indian law permits surrogacy only to duly married Foreign “ Man and Woman”. Marriage should be sustained for at least two year.
- They have to come on valid medical visa for surrogacy.
- They can come on reconnaissance trip on a tourist visa for drawing up and executing an agreement with surrogate, but no samples can be given at clinic, during such visit.
- A letter from foreign embassy of that country in India or from the foreign ministry of that country has to be submitted at the time of seeking visa stating( a) The country recognises surrogacy (b) 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.
- For seeking Visa, couple will have to furnish an undertaking that they will take care of the child/children born through surrogacy.
- At the time of seeking Visa, couple will have to produce a duly notarised agreement between the applicant couple and prospective surrogate.
- Before living India, couple will have to take exit permission from FRO/FRRO.
- For details visit “Indian Council for Scientific Research” web site for MHA circular on Visa requirements for foreign nationals for surrogacy in India.