#IVF

International Surrogacy: A Safe Way to Obtain Offspring Abroad

What is international surrogacy ?

When a couple or an individual has a child through surrogacy in a country other than their own, it is called international surrogacy. This process is often considered when:

1. Surrogacy is not legal in their country's

2. Finding a domestic surrogate is difficult

3. The legal process can be very com

4. Or they are looking for better facilities and experience.

Why choose international surrogacy ?

1. Legal convenience: In some countries, surrogacy is clearly legal.

2. Better health facilities: experienced doctors, technology, and support systems.

3. Availability of surrogates: Qualified surrogates can be easily found abroad.

4. Transparency in the process: In some countries, contracts and right are clear.

In which countries is international surrogacy legal ?

Contry - Situation of Surrogacy

Georgia - legal (for couples)

Ukraine - legal (for married couples)

Canada - Permission for altruistic surrogacy

India - Legally limited

How does the process happen ?

1. Selection of clinic and country

(a) Choose an accredited clinic

(b) Understand the surrogacy laws there.

2. Legal documents and contracts

(a) A contract is made with a surrogate mother.

(b) All documents are prepared with the help of a lawyer.

3. IVF and embryo transfer

(a) IVF is done using eggs from the Intended Mother or Egg Donor

(b) The embryo is transferred to the surrogate mother's uterus.

4. Pregnancy and medical surveillance

(a) The clinic provides complete monitoring during pregnancy.

(b) Intended Parents receive updates from time to time.

5. Birth of the child and documents

(a) The names of the Intended parents are included in the birth certificate.

(b) there is a process for the child's citizenship and passport.

What is international surrogacy in India ?

International surrogacy means that a foreign citizen or an NRI residing is India has a child through a surrogate mother in India

However, commercial surrogacy is now banned in India, and surrogacy is only permitted for India citizens (married couples). Therefore surrogacy is no longer legally possible for foreign citizens in India, although there may be exceptions or changes under specific conditions (such as for OCI cardholders or NRI couples).

Can a foreign national undergo surrogacy in India ?

Not a regular foreign citizen.

But there may be some possibilities in the cases mentioned below:

1. Foreign citizen: No

2. OCI cardholder (Overseas Citizen of India): In some cases, permission may be granted.

3. NRI (Non-Resident Indian): If there is an Indian passport

4. Married Indian couples settled abroad: But some paperwork is necessary.

Note: Do not take any steps without legal advice and documentation.

Legal regulations related to surrogacy in India

According to the Surrogacy (Regulation) Act, 2021:

1. only Indian citizen married couples can have surrogacy.

2. Foreign nationals, single parents, or same-sex couples cannot undergo surrogacy in India

3. Surrogacy may only be altruistic, where by the surrogate mother receives only medical costs and insurance, without any additional money.

4. Commercial or altruistic surrogacy is not allowed for foreign nationals in India.

Essential documents

1. Marriage certificate (minimum 5 years old)

2. Age and identity proof (Aadhaar, passport, etc.)

3. Medical Report

4. No Objection Certificate (if from abroad)

5. Approval from the court (in some cases)

Suggestion

1. Always seek legal advice before making any decision.

2. Choose only clinics accredited by ICMR.

3. View surrogacy as a humanitarian process, not just a technical option.

Conclusion:

International surrogacy is now restricted or banned in India, but some options might be available for NRI or OCI cardholders. If you are eligible, this could be a safe, medically advanced, and economically viable option. However, it is extremely important to seek legal and medical advice at every stage.