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Can Foreigners Avail Surrogacy Services in India?

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.

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Location: Delhi, India

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