Surrogacy in India for NRIs, Overseas Indians, and Foreign Nationals

Surrogacy is a topic that has gained significant attention and prominence in recent years, both in India and around the world. For NRIs (Non-Resident Indians), overseas Indians, and foreign nationals, India has emerged as a hub for surrogacy due to its well-established medical infrastructure and favourable legal environment. However, navigating the legal intricacies of surrogacy in India can be challenging. In this blog, we will provide you with a comprehensive legal guide on surrogacy in India for NRIs, overseas Indians, and foreign nationals.

Understanding the Legal Landscape

Surrogacy in India is governed by a framework of laws and regulations that have evolved over time. The Indian government recognized the need to regulate the surrogacy industry to protect the rights and interests of all parties involved. Therefore, it’s essential for NRIs, overseas Indians, and foreign nationals to have a clear understanding of these laws to ensure a smooth and legally compliant surrogacy process.

The Surrogacy (Regulation) Bill, 2020

The Surrogacy (Regulation) Bill, 2020 has brought significant changes to the surrogacy landscape in India. This bill aims to regulate surrogacy by prohibiting commercial surrogacy while allowing altruistic surrogacy under strict conditions. It’s important to note that this bill primarily restricts surrogacy to Indian citizens. NRIs and overseas Indians may be eligible for altruistic surrogacy, subject to certain conditions.

Eligibility Criteria

• For NRIs and overseas Indians, the eligibility criteria for surrogacy in India under the Surrogacy (Regulation) Bill, 2020 include:
• The intending couple must have been legally married for at least five years.
• They must be Indian citizens.
• The intending couple must not have any surviving child, either biological or adopted, except if the child is mentally or physically challenged.
• Foreign nationals, on the other hand, are typically not allowed to undergo surrogacy in India under this bill.

Important Considerations

Before embarking on a surrogacy journey in India, it’s crucial to keep the following considerations in mind:

• Choose a Reputable Surrogacy Clinic: Select a surrogacy clinic with a proven track record and a strong commitment to legal and ethical practices. This will help ensure a transparent and legally sound surrogacy process.

• Legal Documentation: Draft a comprehensive surrogacy agreement that clearly outlines the rights and responsibilities of all parties involved, including the surrogate, the intending parents, and the clinic. This legal document is vital in protecting everyone’s interests.

• Citizenship and Parentage: Understand the legal aspects of obtaining citizenship and establishing parentage for the child born through surrogacy, especially if you plan to take the child to your home country.

• Exit Process: If you are an international intended parent, you must be aware of the exit process, which involves obtaining necessary documents such as a passport and a visa for the child to leave India.

Surrogacy in India can be a viable option for NRIs and overseas Indians, provided they meet the eligibility criteria outlined in the Surrogacy (Regulation) Bill, 2020. It is essential to work closely with experienced legal professionals who specialize in matrimonial laws and surrogacy to navigate the complex legal landscape and ensure a successful surrogacy journey.

Please remember that surrogacy laws can change over time, so it’s essential to stay updated and seek legal counsel to make informed decisions about surrogacy in India. If you have any questions or require legal assistance, feel free to reach out to us. We are here to help you navigate the legal aspects of surrogacy and guide you on your path to parenthood.

If you have any questions or concerns about surrogacy in India, please reach us at +91 9845944896 or mail@lawyersonia.com for a consultation and we can guide you through the process, protecting the rights and interests of all parties involved.
“Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore appearing for clients at both District Courts and High Court practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.