Intended parent should be eligible as per ICMR latest guidelines
Section 1 :EXCERPT FROM ART BILL 2010
Both the couple or individual seeking surrogacy through the use of Assisted Reproductive Technology, and the surrogate mother, shall enter into a surrogacy agreement which shall be legally enforceable.
Surrogacy by ART should be considered only for patients for whom it is physically or medically impossible / undesirable to carry a child to term.
Individuals or couples may obtain the service of a surrogate through an ART bank.
The person or persons who have availed of the services of a surrogate mother shall be legally bound to accept the custody of the child / children irrespective of any abnormality that the child / children may have, and the refusal to do so shall constitute an offence.
A surrogate mother shall not act as an oocyte donor for the couple or individual, as the case may be, seeking surrogacy.
A surrogate mother shall be given a certificate by the person or persons who have availed of her services, stating unambiguously that she has acted as a surrogate for them.
A foreigner or foreign couple not resident in India, or a non-resident Indian individual or couple, seeking surrogacy in India shall appoint a local guardian who will be legally responsible for taking care of the surrogate during and after the pregnancy as per clause 34.2, till the child / children are delivered to the foreigner or foreign couple or the local guardian.
A letter from either the embassy of the Country in India or from the foreign ministry of the Country, clearly and unambiguously stating that (a) the country permits surrogacy, and (b) the child born through surrogacy in India, will be permitted entry in the Country as a biological child of the commissioning couple/individual) that the party would be able to take the child / children born through surrogacy, including where the embryo was a consequence of donation of an oocyte or sperm, outside of India to the country of the part origin or residence as the case may be.
A couple or an individual shall not have the service of more than one surrogate at any given time.
A couple shall not have simultaneous transfer of embryos in the woman and in a surrogate.
A child born to a married couple through the use of assisted reproductive technology shall be presumed to be the legitimate child of the couple, having been born in wedlock and with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.
The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.
If a foreigner or a foreign couple seeks sperm or egg donation, or surrogacy, in India, and a child is born as a consequence, the child, even though born in India, shall not be an Indian citizen.
Section 2 :GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS (MHA)
The foreign man and woman are duly married and the marriage should have sustained atleast for two years.
Foreign Nationals should visit to India on appropriate visa category, which is Medical visa.
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 a) the country recognizes surrogacy and 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.
Section 3 : IVF LAB
Letter from their and our lawyer stating they are eligible for undergoing Surrogacy. (LETO will assist you in this)
That the couple should be physically present in India for each embryo transfer.
Section 4 :FRRO
Both partners registration at FRRO.
If the couple has visited for some other purpose, that registration will not be accepted for IVF cycle.
Please note that we make all possible efforts to update information on website . But it will not always be possible to do so if the regulations, notifications have not reached us. It is thus requested for all couples that you should personally check with MHA, FRRO, ICMR, your respective Embassy, or any other relevant Authority, if there are any new requirements. LETO will not be and cannot be held responsible for the same.