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:
- Surrogacy is recognised as legal as per prevalent laws in the country of the visa applicant.
- Surrogacy was commissioned by the parents (foreign nationals including the OCI card holders) in compliance with the extant procedure (gestation commenced before 03 November 2015) i.e. Surrogacy was commissioned by the foreign couple jointly during a visit
to India after obtaining a medical visa with all the supporting documents and after entering into appropriate contract with the surrogate mother and following due procedure laid by MHA/ICMR/FRRO in this regard inter alia.
- Surrogacy should not have been commissioned using frozen sperms/eggs in absentia or without a valid contract.
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:
- Veracity of the documents submitted for the visa along with the application
- A notarised undertaking jointly from the couple giving an assurance therein that they would take full responsibility of the child/children born through surrogacy in India and that they would apply and obtain the appropriate travel document and citizenship
for their surrogate child from their Government.