After a recent trip to India Kathryn Kaycoff-Manos and Lauri DeBrito CEO’s of Global IVF recently met with Anurag Chawla, Advocate from Surrogacy Laws India who has the inside scoop on what’s really going on in India regarding surrogacy and the law.
Because Kathryn and Lauri were there researching information for you the patient they happened to be at the right place at the right time to receive valuable firsthand information.
Anurag Chawla, Surrogacy Advocate attended a meeting called by the Foreigners Regional Registration Officer (FRRO) Delhi. There were many things discussed at this meeting on February 5th, however, overall Anurag wasn’t pleased with the outcome of the meeting.
To clear up some misconceptions about the new guidelines Anurag raised a specific question about the existing guidelines and the proposed Act allowing single parents to participate in surrogacy but the new guidelines are against it. Ms. I.B. Rani Head of FRRO explained to Anurag that till the time of the new Act is implemented the new guidelines are to be followed. There was another discussion surrounding the cut-off date which has now been changed until the 18th of February 2013.
The main points of the meeting regarding surrogacy issues in India were:
1. The guidelines are applicable to all foreign nationals including the OCI holders.
2. It is must for the parents to come on Medical Visa.
3. The couple should be married and their marriage should be sustained for 2 years.
4. Since the Indian online casino Law does not recognize Gay & Lesbian marriages, gay and single parent Surrogacy will not be allowed. However, Dr. Sharma from ICMR confirmed that once the new Act is passed there is the possibility that gay parents and single parents would be allowed to participate in Surrogacy.
5. The Head of the FRRO confirmed that the registration of clinics with ICMR and would be ruled out for the time being as the whole process will take 6 months. And shall be effective once the registration procedure is completed.
6. All the legal agreements would be prepared, duly signed and notarized (only when the parents are in India).
7. A letter from the country that it recognizes surrogacy and will permit the child to enter the country.
8. All the clinics / centers / hospitals have been asked to furnish a list of Commissioning Parents i.e. the ongoing cases to FRRO by 18th February 2013 for their review including the list of frozen embryos and frozen samples. Also stating the stage at which they are pending.
9. The ART registration case and the date of the legal agreement to be prepared would be taken up by the FRRO head with Ministry of External Affairs.