Citizenship of Children Born through an Indian Surrogate

On September 4, the Apex Court of India took the issue of citizenship of child born in the country out of surrogacy in which biological parents are foreign nationals but birth mother is Indian. The next hearing is scheduled for the month of November. Till then, dual citizenship for surrogate children born in certain circumstances is being considered.

A few days back, series of surrogacy scandals lifted a lid on Thailand's largely unregulated commercial surrogacy industry, which is an undeniable reason behind vigilance on surrogacy activities in India.

Because India does not offer dual citizenship, the children will have to convert to Overseas Citizenship of India if they also hold non-Indian citizenship.

The Indian Council for Medical Research (ICMR) has given Guidelines regulating Assisted Reproductive Technology procedures. According to one of the seven guidelines, the foreign couple undergoing surrogacy in India would require ‘exit’ permission before their return journey from India and would need to carry a certificate from concerned ART clinic regarding the fact that child/children have been duly taken custody by the foreign couple and the liabilities toward the India surrogate mother are fully discharged as per agreement. A copy of birth certificate(s) of surrogate child/children will be retained by Foreigner Regional Registration Office (FRRO)/Foreigners Registration Office (FRO) along with photocopies of the passport and VISA of the foreign parents.

In India, the babies born through surrogacy are born stateless. This means they are not given Indian citizenship by virtue of the fact they were born in India. Prior to starting surrogacy treatment it is essential that all intended parents consult the embassy of their country to ensure they are able to get citizenship of their country for baby, which another guideline of ICMR.

However, from years and years, India is known the best infertility treatment in India. After the year 2002, India grabbed attention of couples from round the world to undergo IVF treatment. With facilities of low cost IVF in India, egg donors in India and best infertility treatment in India, the medical tourism in India has taken new leaps. Though India has been criticised for unregulated surrogacy sector, but there are clinics like Pahlajani Surrogacy Center in Raipur that has assisted a number of couples from India as well as overseas with infertility treatment. It is known for the high success rate of IVF and surrogacy in Raipur.

To read our success stories, visit our website – www.raipurivf.com

Or email me – drpahlajaniraipur@gmail.com

Dr Neeraj Pahlajani