Kindly refer to MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015: (Foreign nationals [including Overseas Citizen of India (OCI) cardholders] intending to visit India for commissioning surrogacy). As per this circular, no visa is currently being issued by Indian Missions/Posts to foreign nationals to visit India for commissioning surrogacy.
As per the MHA’s circular no. 25022/74/2011-F.1 (Vol. III) dated 3 November 2015, no permission is to be granted by FRROs/FROs to OCI cardholders to commission surrogacy in India. Further, no exit permission is to be granted by the FRROs/FROs to the child/children to be born through surrogacy to foreign nationals including OCI cardholders. However, for child/children born through surrogacy already commissioned on or before issue of the Circular, exit permissions are decided by FRROs/FROs on a case to case basis.
Surrogacy arrangements commissioned earlier, where the gestation commenced before the issuance of MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 November 2015 constitutes "pipeline cases”. All such cases need to comply with the following conditions before a visa is approved for a foreign couple on a case-to-case basis to visit India for the purpose of collecting the surrogate child:
If these conditions are fulfilled, an entry visa (X) (or a Medical Visa as appropriate) may be issued by the concerned Indian Mission/Post to the applicants only for the purpose of collecting the surrogate child (added in the remarks section), due for birth, subject to usual checks and after ensuring the following: