LEGAL AND TECHNICAL REQUIREMENT FOR IMPORT OF EMBRYO’S FOR SURROGACY IN INDIA
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Surrogacy is a miracle for many of those childless couples and individuals who due to medical or other reasons are not able to become parents.Surrogacy in India has become an obvious choice for many such to-be-parents due to factors like less stringent laws, easy availability of surrogate mothers, state of art infrastructure, medical knowledge etc.
The 9th July *** guidelines stipulate that the Intended Parents have to come on medical visa to commission surrogacy in India.For obtaining the medical visa a host of requirements are to be fulfilled.
In following circumstances the IP can opt for Import of Embryos:
When the IP’s can not have a long stay in India for medical treatment like Egg Retrieval from Intended Mother etc and they chose to do it in their own country.
When the IP already have left over embryo’s created for treatment on themselves
When the IP’s decide to change the doctor/ ART Clinic from one country to another
When the circumstances are such that the IP cant immediately travel to India but want not to delay their dream of parenthood more.
The write up shares the legal and technical requirements for transferring embryos from a country to India/Import of Embryos/ Shipment of embryos.
Documents needed for Import of Embryo’s
Intended Parents
Certificate from the infertile couple indicating transfer of (number………)
embryos and/or gametes for his/her treatment at a specific ART Clinic in India (name and address of the In-Charge of the ART Clinic, with enrollment number of the ART Clinic).( Format of Certificate)
The infertile couple should also certify that these embryos have been created by using at least one gamete (sperms or oocytes) of their own.
Submit copies of the authorized identification proof
Marriage certificate of the infertile couple and
A copy of the registration certificate of the ART Clinic from foreign Country who have generated these embryos.
A letter from the Embassy of the foreign country in India or the Foreign Ministry of the country should be enclosed with the visa application stating clearly that (a) the country recognizes surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple commissioning surrogacy
The couple should produce a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother.
ART Clinics/Doctors
Foreign Clinics
A certificate from the authorized/registered ART Clinic recommending transfer of (number……) embryos and/or gametes from the foreign Country for the treatment of infertility of the specific infertile couple (including name and address of the infertile couple) at a specific ART Clinic in India (name and address of the In-Charge of the ART Clinic in India, with enrollment number of the ART Clinic).(FORMAT OF CERTIFICATE)
A certificate from the authorized/registered ART Clinic certifying that the infertile woman seeking surrogacy arrangement in India cannot conceive because of medical reasons and/or such conception if take place, may be unsafe or may lead to undesirable medical implications.
A certificate from the clinic abroad, where these embryos have been generated, certifying that these embryos have been generated in their clinic using at least one gamete (sperm or oocytes) of the infertile couple (name and address of infertile couple) and
A certificate from clinic no sex selection has been done on the embryos.
Registration certificate of the Foreign Clinic
Indian Clinic
The ART Clinic accepting the Embryos shipment must be a registered clinic with ICMR, India.Registration certificate of ART Clinic
A certificate from the ART Clinic (enrollment no…..) in India indicating that (number …………) embryos and/or gametes which will be received from the specific foreign ART Clinic (name and address of the In-Charge of the ART Clinic) for the treatment of infertility of the specific infertile couple from the specific Country (including name and address of the infertile couple).(FORMAT OF CERTIFICATE)
Form J agreement as asked by ICMR (FORMAT Attached)
FAQ’s FOR IMPORT OF EMBRYO’S
Whether Frozen Embryo’s can be imported to India?
Yes, as per the technical requirements written above.
Whether Frozen Embryo’s can be exported from India?
As per the provisions of the ART (Regulation) Bill, the export of embryos is not permissible.However, for therapeutic use, a couple can take their embryo’s outside the country for the treatment of their infertility only subject t obtaining the NOC from National Registry of ART Clinic and Banks in India of ICMR.
Whether medical visa will still be required if import of embryo’s are allowed/permitted?
Yes, Medical visa will be required even if the embryos are imported in the country.
Will the Intended Parents be required to travel to India for signing the agreement?
Yes the Intended parents will be required to fly to India to sign the agreement with Surrogate mother and instead of tourist visa will have to come on medical visa.
(However Surrogacy Laws India very seriously condemns such a legal requirement because once the IP has submitted all the documents for NOC to ICMR why should they be asked to fly to India for signing agreement.This not only defeats the purpose for which IP would have chosen embryo import but also contradicts the International law on signing contracts which permits parties to sign anywhere they want)
How much time is required to obtain NOC from ICMR, India?
It depends to a great extent on the manner you have organized your documents and paper work.It can easily take something from a fortnight to 2 months.
What is to be done after obtaining NOC from ICMR?
After the NOC from ICMR is obtained the shipment company should be approached to do the Import Export license work/documents and the embryo’s can be shipped.
POINTS TO BE NOTED
Request for NOC should be submitted only by the Director/In-charge of the ART Clinic whose name has been registered with National Registry of ART Clinics and Banks in India of ICMR as Director/In-charge of the ART Clinic.
Request to be submitted to
ICMR: Dr.R.S.Sharma
Indian Council of Medical Research
P.O.Box *** Ansari Nagar New Delhi – *** India
Email: *** *** *** *** *** ***
Also mentioned the enrolment number of the Clinic issued by the National Registry of ART Clinics and Banks in India of ICMR, in the application for NOC.
Both Indian ART clinic and Foreign ART clinic should submit their respective certificates on their authorized letter head.
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