International Commercial Surrogacy
Visa guidelines for commissioning surrogacy in India
It is an Indian Government requirement that Australians undertaking travel to India for the purpose of surrogacy obtain an Indian medical visa. In late 2014, India changed its policy in relation to this visa and will no longer issue medical visas to Australians who reside in Australian states/territories where overseas commercial surrogacy is illegal. The Australian Government’s smartraveller website has been updated to provide relevant information on Indian visa regulations. Please refer to the following link for more details: http://smartraveller.gov.au/zw-cgi/view/Advice/India
Australians contemplating surrogacy in India should consider contacting the appropriate Indian mission in Australia for advice on visa related matters. Please refer to the following link which has contact details of the Indian High Commission and Consulates in Australia http://www.hcindia-au.org/high-commission-console-honorary.htm
The Indian Government requires that a medical visa application be accompanied by a letter from the foreign government stating that the foreign country recognises surrogacy and that the child/ren will be permitted entry into their country as a biological child/ren of the couple commissioning surrogacy. If you are satisfied that you meet the Indian visa requirements, you may download the Australian Government’s letter here (Letter).
We strongly caution Australians to consider all legal and other risks involved in pursuing international commercial surrogacy, and to seek independent legal advice regarding Australian and foreign laws. Australians should ensure that when they are planning their travel, they are aware that the citizenship, passport and exit permit processes may take up to a month from when they lodge the citizenship application.
The following websites provide an overview of the legal issues affecting Australians considering overseas surrogacy arrangements:
• Smartraveller overseas births, adoptions and surrogacies page
• Department of Immigration and Border Protection Factsheet on international surrogacy arrangements
Children born pursuant to a surrogacy arrangement may be entitled to Australian citizenship provided they meet the requirements of the Australian Citizenship Act 2007. Further advice is available from the Department of Citizenship and Immigration at http://www.india.embassy.gov.au/ndli/vm_surrogacy.html
For more information on how to apply for an Australian passport for a child born through surrogacy arrangements, please refer to the following link https://www.passports.gov.au/web/newppt/surrogacy.aspx
The Indian Foreigner’s Regional Registration Office (FRRO) requires that children born to foreign parents in India obtain a valid visa within 14 days of their birth to avoid penalty. A visa can be obtained only after the child has been issued with a passport. Please refer to the following link for details of documents required for obtaining an exit visa: http://boi.gov.in/content/documents-be-produced-extension-visa#EXIT FOR ALL VISA