Surrogacy has long been a viable option for individuals and
couples struggling with infertility. India was once considered a global hub for
affordable surrogacy services, attracting hopeful parents from across the
world. However, with the implementation of the Surrogacy (Regulation) Act,
2021, the landscape of surrogacy in India has significantly changed.
Can Foreigners Still Opt for Surrogacy in India?
No, foreigners are no longer allowed to avail surrogacy
services in India. As per the updated law, only Overseas Citizens of
India (OCI) couples are permitted to pursue altruistic surrogacy within the
country. This decision was made to regulate the practice, ensure ethical
standards, and prevent exploitation.
What is Altruistic Surrogacy?
Under the current law, only altruistic
surrogacy is permitted in India. This means the surrogate mother cannot
be paid or compensated, except for medical expenses and insurance.
Commercial surrogacy, which involves any monetary benefit beyond medical
reimbursement, is now strictly prohibited.
Key Eligibility Criteria Under Indian Surrogacy
Law:
- The
intending couple must be Indian citizens or OCI card holders.
- They
should be legally married for at least five years.
- The
woman should be aged between 25 to 50 years and the man between 26
to 55 years.
- Surrogacy
is allowed only for medical reasons, such as infertility.
Why Was the Law Changed?
The primary reason behind restricting surrogacy to Indian
and OCI couples is to:
- Prevent
exploitation of poor Indian women.
- Ensure
the practice remains ethical and humane.
- Eliminate
the commercialization of surrogacy.
Conclusion
If you're a foreign national hoping to build a family
through surrogacy in India, it's important to know that the new law does not
permit you to do so. Only OCI couples can access surrogacy services,
and even then, only through the altruistic route.
For those eligible, it is crucial to consult with recognized surrogacy centres in India to ensure full compliance with legal and medical guidelines. Always choose a center that offers ethical care, legal transparency, and complete medical support throughout the journey.