Do surrogacy program require parental/partner/official permission?

Do intended parents require any parental/partner or official permission before going under the surrogacy program?

surrogacy permission

Reproductive advancement brings assisted reproductive techniques that are advancing step by step. Surrogacy is one of the revolutionizing assisted reproductive techniques that gaining popularity for multiple reasons. The literal meaning of surrogate is a substitute. Surrogacy gives an opportunity to those who unable to start their family due to infertility or other biological issues. Different countries have their own regulation.

The permissibility of surrogacy depends upon the Government. Some countries ban commercial surrogacy, whereas some countries ban surrogacy for foreigners. However, many countries do not have any restrictions to pursue surrogacy.  

Kenya, Malaysia, Nigeria have no formal law and, in these countries, commercial surrogacy is “permissible”. The UK government has a relevant legal process and supports surrogacy as an infertility treatment. Following the flow chart helps to understand the surrogacy process.

The above-mentioned flow chart depicted that the intended parents and surrogates both need to decide in which surrogacy agency they want to work with. Then, the surrogacy agency generates a legal agreement based on the treatment plan and relinquishes the child after birth. Therefore, intended parents require to contact a reliable surrogacy agency to start and continue surrogacy treatments. However, intended parents should avoid surrogacy countries like Bulgaria, Cambodia, Denmark, France, Germany, Ireland, Italy, Nepal, Spain, Portugal do not allow

In case of intended parents travel to an international country for surrogacy, then they have to apply for a medical (surrogacy) visa. Following documents are required to apply for a medical (surrogacy) visa:

Surrogacy agreement: A legally approved contract that is issued by the ART center on confirmation of the Process. The agreement must be duly signed by both intended parents and surrogates.

  • Invitation letter: The ART Centre issued the invitation letter, which must mention the process. This letter also a request to the embassy to issue a Medical Visa.
  • Enrolment letter of the ART Centre: The ART Centre also issue an enrolment letter to the ART center.  
  • No Objection Certificate (NOC) letter is an official document from the respective country for the Surrogacy program.
  • Intended parents need to show the Marriage Certificate to issue a medical visa in certain countries like India. 
  • Medical Letter issued by the doctor from the home country that mentioned that the Intended Mother is not medically fit to carry the baby herself.

After completion of these documents, intended parents need to apply for a medical visa to the respective country. After receiving the visa, the intended parents can then plan to visit the country. 

Foreigners Registration 

Apart from medical visas, intended parents require to issue foreigners registration in some countries like India, where the Foreigners Regional Registration Officer issues the registration within 14 days of arrival.

Documents for Exit Permit 

The Foreigners Regional Registration also issues exist permit after completion of surrogacy. For that following documents require to submit:

  • Original Passport with Emergency travel documents
  • Surrogacy agreement between the intended parent, surrogate mother & medical doctor takes care of the case.
  • Surrogate issue an undertaking that must mention that foreign intended parents have been satisfactorily taking care of all the liabilities on surrogate those mentioned in the agreement.
  • A letter from the treating doctor 
  • Letter from the hospital where the infant was born. 
  • Infant’s passport
  • Infant’s Passport size photos – 3
  • Infant’s birth certificate issued by the country’s authority.
  • Parent’s passport and visa copy
  • Copy of the travel Ticket (infant + parents).
  • Proof of residence i.e. Payment receipt from Hotel or Guest House, Leave & License agreement, etc.

After submitting the above-mentioned documents in the respective office, usually, 48 hours take time to release the exit permit. 




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