New Delhi, January 18
Only those foreign couples who have had two years of sustained marriage and whose countries of origin recognise commercial surrogacy will now be allowed to hire surrogate mothers in India for the purpose of having babies through this assisted reproductive technology (ART). Simply put, couples in same sex marriages (gays and lesbians) now stand barred from hiring Indian surrogates.

Notifying path breaking rules in respect of guidelines governing foreigners seeking surrogacy services in India, the Ministry of Home has said clearly that henceforth such couples would have to apply for medical visas and not tourist visas as was the practice until now.

The Home Ministry has also altered the rules to protect the future of children born out of surrogacy agreements. In new rules, the government has mandated (as part of the visa documents) a letter from the embassy of the foreign country in India or of the foreign ministry of the country stating not just the fact that such a country recognizes commercial surrogacy but also that the child born to the Indian surrogate would be permitted entry to the foreign nation as a biological child of the couple that commissioned the ART service.

The modification would mean that a lot of European couples such as those from Germany which do not recognise commercial surrogacy will no longer be able to hire surrogate mothers in India. Also, foreign couples would have to now furnish an undertaking along with their medical visa document that they will take care of the child thus born and the treatment will only be done at one of the ART centres registered with the Indian Council for Medical Research. "A list of such centres will be shared with the MEA from time to time," Home Ministry said.

The rules require the foreign couple seeking surrogacy service in India to produce a duly notarised agreement between the applicant couple and the prospective Indian surrogate mother. It adds, "If any of these conditions is unfulfilled, the visa application shall be rejected."

In the new notification, the Home Ministry has ensured that foreign couples do not exit India until they have ensured the safety of the child born through the ART