New Guidelines: India Not A Viable Option For Gay Couples, Unmarried Couples Or Single Individuals

We have chronicled on this blog the perilous nature of proceeding with a surrogate arrangement in India. From international couples being trapped in India because their child is stateless and thus incapable of obtaining a passport, to twins being born who were not genetically related to one another, to a surrogate vanishing with the Intended Parents’ child, the problems are significant and potentially insurmountable.

And a bad situation has only gotten worse. We have now just received from the Deputy Commissioner of Police in Mumbai, the following guidelines issued by the India’s Ministry of Home Affairs. Here are the guidelines that apply to foreign nationals seeking to proceed with an Indian surrogate:

1. Tourist visa is not the appropriate visa category and such foreigners will be liable for action for violation of visa conditions. The appropriate visa category for commissioning surrogacy is a medical visa.

2. The foreign man and woman intending to commission surrogacy should be duly married and the marriage should have sustained for at least two years Please also note that current Indian laws do...