The draft Assisted Reproductive Techniques (Regulation) Bill has not been finalized. Surrogacy has been prohibited for foreign nationals vide notification No. 25022/74/2011-F.11 (Vol.III) dated 3rd November, 2015 issued by Ministry of Home Affairs to ensure the following:
i. No visa should be issued by the Indian Missions/Posts to foreign nationals intending to visit India for commissioning surrogacy;
ii. No permission should be granted by the Foreigners Regional Registration Officers (FRROs)/Foreigners Registration Officers (FROs) to Overseas Citizen of India (OCI) cardholders to commission surrogacy in India.
iii. No exit permission should be granted by the FRROs/FROs to the child/children to be born through surrogacy to foreign nationals including OCI cardholders. However, for child/children born through surrogacy already commissioned on or before issue of this Circular, exit permission will be decided by FRROs/FROs on case to case basis.
The Minister of State (Health and Family Welfare), Smt Anupriya Patel stated this in a written reply in the Rajya Sabha
