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Economic Times
14-07-2025
- General
- Economic Times
Surrogacy abroad: Legal pathways and challenges for Indian couples seeking parenthood beyond borders
Parenthood is a profoundly personal journey, shaped by hope and resilience, but also by legal and societal barriers that affect some individuals. For many Indian couples, including those living abroad, surrogacy is a vital and sometimes the only route to having a child. However, India's surrogacy laws, while aimed at preventing exploitation, remain restrictive. Indian nationals residing in India have limited options to avail of altruistic surrogacy in India, but Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) are compelled to explore surrogacy options in other countries - an endeavour riddled with legal, diplomatic, and ethical complexities. Further, Indian nationals who do not qualify for surrogacy in India also choose other countries that support commercial article examines the legal complexities of surrogacy abroad, utilizing case studies and cross-border legal frameworks for context. India's legal framework: Narrow and exclusionary The legal landscape of surrogacy in India is primarily shaped by the Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021. Key features include: Permits surrogacy only for heterosexual married couples who have been in the marriage for a minimum of five years and can provide medical evidence of infertility. Prohibits commercial surrogacy; only altruistic surrogacy is allowed, and the surrogate must be a close family member of the intending couple. Single individuals, LGBTQ+ persons, foreign nationals, NRIs, and OCIs are excluded. While well-intentioned, these laws fail to reflect the diverse realities of Indian families today. NRIs, even if they hold Indian citizenship, cannot pursue surrogacy in India, leading many to seek options abroad despite steep legal and financial challenges. Despite public and legal advocacy, the Surrogacy (Regulation) Act, 2021 remains unchanged. Petitions challenging its constitutionality are pending before the Supreme Court, including those filed by LGBTQ+ rights groups, single individuals, and NRI advocacy organisations seeking broader eligibility and less restrictive definitions of family. Ethical debates continue in the UK and EU. Bodies like the Nuffield Council on Bioethics have recommended legal reforms, while UK parental orders remain mandatory post-birth. Legal complexities abroad Surrogacy laws vary widely by country. Some, like Canada and the UK, permit only altruistic arrangements, while others, like certain US states, Mexico, and pre-war Ukraine, allow commercial surrogacy through enforceable contracts. Key legal hurdles include: Establishing parentage: In California, for example, court orders before birth assign parentage to intended parents. In many other countries, this is only possible after birth. In California, for example, court orders before birth assign parentage to intended parents. In many other countries, this is only possible after birth. Indian Citizenship: Under Section 4 of the Citizenship Act, 1955, a child born abroad to an Indian citizen may acquire citizenship by descent, but only if Indian authorities recognize the intended parents' legal status. This recognition often hinges on surrogacy agreements, court orders, birth certificates, and DNA evidence. Challenges at Indian missions Even with complete documentation, Indian missions abroad differ drastically in their approach. While Consulates in Georgia and the U.S. tend to be pragmatic, others demand excessive paperwork or DNA proof, leading to delays or statelessness. In the absence of standardized consular procedures, families may encounter arbitrary and inconsistent demands that delay exit formalities and citizenship issuance. Some destinations that Indian families opt for 1. United States California: Highly regarded for international surrogacy, permits compensated agreements, no residency or citizenship requirement, and issues pre-birth parentage orders. Courts are experienced and supportive. Highly regarded for international surrogacy, permits compensated agreements, no residency or citizenship requirement, and issues pre-birth parentage orders. Courts are experienced and supportive. Illinois: Allows both gestational and traditional surrogacy with parent-friendly laws ensuring enforceable contracts. Allows both gestational and traditional surrogacy with parent-friendly laws ensuring enforceable contracts. Nevada: Offers inclusive surrogacy laws with efficient court orders for intended parents, including foreigners. Offers inclusive surrogacy laws with efficient court orders for intended parents, including foreigners. Connecticut: Provides pre-birth parentage orders and recognizes intended parents regardless of marital status. Provides pre-birth parentage orders and recognizes intended parents regardless of marital status. New Jersey: Allows compensated surrogacy with pre-birth parentage orders; no residency or citizenship requirement. Allows compensated surrogacy with pre-birth parentage orders; no residency or citizenship requirement. Colorado: Progressive surrogacy law that is inclusive of foreign nationals and diverse family structures. Pre-birth orders are routinely granted. Progressive surrogacy law that is inclusive of foreign nationals and diverse family structures. Pre-birth orders are routinely granted. Washington (State): Permits compensated gestational surrogacy with enforceable contracts and supportive court processes. Permits compensated gestational surrogacy with enforceable contracts and supportive court processes. Delaware & New Hampshire: Offer strong legal protections with court-backed parentage recognition; available to foreign nationals. Offer strong legal protections with court-backed parentage recognition; available to foreign nationals. Maine & Vermont: Progressive jurisdictions with reliable procedures for establishing parentage, though less commonly used by Indian families. 2. MexicoLegal nationally since 2021, including for foreigners, LGBTQ+ couples, and single parents. However, implementation varies by state and often requires navigating court petitions or regional inconsistencies. 3. Canada & UK Only altruistic surrogacy is permitted. Legal parentage typically involves court processes and can be prolonged. Compensation beyond reasonable expenses is prohibited. 4. Georgia Previously, it offered affordable commercial surrogacy with transparent legal processes and cooperative Indian consular support, making citizenship and exit formalities smoother for Indian families. However, changes in the law have been passed, though they have not yet been implemented. Hence, it is unclear how the government would treat new cases. 5. Greece Permits altruistic surrogacy for heterosexual married or cohabiting couples with prior court approval. The process is judicially supervised, and intended parents are legally recognized before the birth of the child. While commercial surrogacy is not allowed, reimbursement of expenses is permitted. Indian authorities generally cooperate when documentation is complete and verified as compliant with local laws. 6. Cyprus & Albania Permit surrogacy under conditions such as a required genetic link between the child and at least one intended parent. Indian authorities may mandate DNA testing as part of the exit process. 7. Colombia Inclusive laws for LGBTQ+ and single parents. This jurisdiction is gaining popularity despite legal ambiguity. 8. Kenya Once popular for low-cost surrogacy, it is now generally discouraged due to minimal legal safeguards. Indian missions often advise against applications from children born through surrogacy in Kenya, citing concerns around trafficking and unreliable documentation. Germany and France ban or criminalize surrogacy, making legal recognition difficult. Legal and diplomatic challenges for NRIs NRIs or Non-Resident Indians refers to Indians who reside outside India. Foreign nationals who are registered as Overseas Citizens of India (OCIs) are treated on par with NRIs under most Indian regulations: Exclusion from India: Excludes NRIs from accessing surrogacy services within the country. Excludes NRIs from accessing surrogacy services within the country. Inconsistencies among Indian Consular Posts: Lack of clear consular guidelines results in unequal treatment. Lack of clear consular guidelines results in unequal treatment. Conflicting laws: Some countries ban or criminalize surrogacy, making legal recognition difficult even for families that lawfully reside in these countries. Some countries ban or criminalize surrogacy, making legal recognition difficult even for families that lawfully reside in these countries. Financial burden: The cost of international surrogacy, legal representation, and documentation can be overwhelming. For many Indian families, surrogacy abroad is not a luxury but a necessity. Yet without consistent legal and diplomatic support, this journey remains fraught with risk, emotional distress, and financial United States continues to be one of the most reliable destinations, especially in states like California, Illinois, Nevada, Connecticut, New Jersey, and Colorado, which offer strong legal protections, enforceable contracts, pre-birth parentage orders, and cooperative consular processes. These jurisdictions provide smoother pathways for establishing legal parentage and securing Indian citizenship for the child, particularly when genetic linkage is clearly countries such as Greece, Mexico, and Georgia (prior to recent legal changes) have also been attractive options due to relatively predictable legal frameworks and, in some cases, greater affordability or consular India moves towards a more inclusive and practical framework, one that acknowledges evolving definitions of family, protects the rights of all parties involved, and guarantees every child's right to identity and belonging—Indian families will continue to look beyond borders. Parenthood is a universal aspiration, one that should be enabled, not obstructed, by laws or bureaucracy. (Co-authored by Anila K. Sabu, Immigration Executive at LawQuest) (Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of (Join our ETNRI WhatsApp channel for all the latest updates) Elevate your knowledge and leadership skills at a cost cheaper than your daily tea. The 10-second mystery: Did the Air India crash report hide more than what it revealed? Can Indian IT's 'pyramid' survive the GenAI shake-up? Zee promoters have a new challenge to navigate. And it's not about funding or Sebi probe. The deluge that's cooling oil prices despite the Iran conflict Stock Radar: Natco Pharma stock showing signs of momentum after falling over 30% from highs – what should investors do? In mid-caps, 'just hold' often creates wealth: 10 mid-cap stocks from different sectors with upside potential up to 44% F&O Talk | Foreign outflows, IT drag pull nifty lower; next support at 24,500: Rahul Ghose How to use dividend yield in volatile times: 6 stocks where this strategy has a high chance of giving much better returns


New Indian Express
06-07-2025
- Politics
- New Indian Express
NIT-R portal for NRI, foreign origin students admission to institutes
ROURKELA: To simplify admission of candidates for 105 institutes of the country eligible for both Direct Admission of Students Abroad (DASA) and Central Seat Allocation Board (CSAB) special categories, the NIT-Rourkela has created a single common portal. The move is aimed at simplifying admission process for foreign-origin and NRI students. As coordinating institute for both DASA and CSAB, NIT-R has announced commencement of a common registration process for candidates seeking admission to undergraduate programmes. The institutes include 31 NITs, 26 IIITs, one IIEST, three SPAs and 44 technical institutes funded fully or partially by the central or state government for the academic year 2025-26. Students from over 50 countries including NRIs and Overseas Citizens of India (OCIs)/ Persons of Indian Origins (PIOs) are allowed admission in higher institutions through DASA. On the other hand, CSAB Special is primarily meant for students with Indian citizenship. CSAB-Special conducts supplementary admission rounds held after Joint Seat Allocation Authority (JoSAA) to utilise the remaining seats across various centrally funded technical institutes and help prevent wastage. Reliable sources in the NIT-R explained that candidates with NRI status are eligible for admission both under DASA and CSAB-Special categories, while from 2023 onwards the candidates with OCI and PIO status too became eligible to apply in both categories. Previously, they were needed to apply in different portals making the process for seat allocation cumbersome and overlapping of applications also created confusion. Integration of two separate platforms with introduction of a common portal ( provides single registration window for two distinct admission schemes and will help reduce administrative burden, ensure clear timelines and simplify document handling or onboarding process, they added. Chairman for DASA & CSAB 2025 and NIT-R Director Prof. K Umamaheshwar Rao said the coordinated admission process reflects Indian government's commitment to simplifying global access to its higher education institutions. Chairman of the local organising committee Prof. Anindya Basu of NIT-R said students of Indian origin from across the world will now have access to a seamless, transparent, and integrated admission process. The joint portal will remove procedural overlaps, reduce candidate stress, and reflect India's commitment to modernising education governance, he added.


Time of India
04-07-2025
- General
- Time of India
Planning to appear for JEE Main 2026? Check key eligibility criteria before you start preparing at jeemain.nta.ac.in
If you're aiming to take the JEE Main 2026 , it's important to understand the eligibility rules set by the National Testing Agency (NTA). These include guidelines on academic qualifications, subject combinations, age limit, number of attempts, and more. As of now, the official eligibility criteria for JEE Main 2026 haven't been released. Students are advised to follow the previous year's rules until updates are published on the official website — . Detailed Breakdown of Eligibility Requirements Age Criteria by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 전체임플란트 간단 뼈이식 포함 300만원 kimplant 지금 신청하기 Undo NTA does not impose an upper age limit. However, individual institutions may have specific age requirements for admissions. Year of Qualifying Exam Students who passed Class 12 in 2024 or 2025, or are appearing in 2026, are eligible. Live Events Minimum Marks to Appear There is no minimum percentage required in Class 12 to write JEE Main. Eligibility for NITs/IIITs/GFTIs To be eligible for admission through JEE Main: Gen/OBC/EWS: 75% in Class 12 or top 20 percentile SC/ST: 65% marks Subjects Required B.E./ Physics + Math + one from Chemistry, Biology, Biotech, or Technical Vocational (Paper 2A): Physics, Chemistry, and Mathematics (Paper 2B): Mathematics only Attempts Permitted Students may attempt the exam in three successive years, with two sessions per year, totaling a maximum of six attempts. Domicile Not required for JEE Main itself, but may be needed to claim state quota in certain colleges. Nationality The exam is open to Indian citizens, NRIs, OCIs, PIOs, and foreign nationals. Recognized Boards Students must have passed their qualifying exam through: Central or State Boards NIOS, or International boards approved by the Association of Indian Universities (AIU) As JEE Main 2026 draws nearer, NTA may issue clarifications regarding diploma holders, improvement exam candidates, and other special cases. Students are encouraged to keep checking the official website for announcements.
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Business Standard
01-07-2025
- Politics
- Business Standard
Khelo Bharat Niti may let Indian-origin athletes compete abroad
Players of Indian origin living abroad will be encouraged to play for the country, according to the newly-unveiled National Sports Policy, also referred to as the Khelo Bharat Niti, signalling a departure from the government's earlier stance that only Indian passport holders can represent the country. The ban on Overseas Citizens of India (OCI) card holders from representing the country in 2008 has affected India's growth in sports such as football and tennis. However, the 20-page Khelo Bharat Niti document stated that India will seek Peace & International Cooperation Activities through Sports so that "Sports can serve as a powerful tool for international diplomacy and cooperation." "Wherever feasible, promising and prominent Indian-origin athletes living abroad may be encouraged to come back and play for India at the international level," it states. "Together, these efforts can transform sport into a dynamic tool of cultural diplomacy and nation-building, strengthening the global Indian identity." Currently, only Indian passport holders are allowed to compete for the nation. However, the ministry has been mulling revocation of that ban to ensure that India's sporting ecosystem can be strengthened. According to the new policy, India will promote international sports exchange programmes "to allow knowledge sharing, capacity building and collaborative development efforts". "Sports can serve as a powerful bridge between the Indian diaspora and India, fostering enduring emotional, cultural and social connections. To strengthen this bond, dedicated sporting events and leagues can be organized specifically for and among the Indian diaspora." The All India Football Federation (AIFF) has been particularly keen on allowing OCIs, even though there are no major names who can be considered for India even if the ban is revoked. In tennis, Prakash Amritraj son of the legendary Vijay Amritraj was one of several prominent US passport holders affected by the ban on OCI card holders. He had represented India in 10 Davis Cup ties between 2003 and 2008, before the restrictions came into force and barred players like him from continuing.


News18
01-07-2025
- Politics
- News18
Khelo Bharat Niti To Encourage Overseas Indian Athletes To Represent Country
Last Updated: The Khelo Bharat Niti will allow Indian-origin athletes abroad to represent India, reversing the 2008 ban on OCI card holders, promoting sports for diplomacy and cultural ties. The newly unveiled National Sports Policy, also known as the Khelo Bharat Niti, aims to encourage players of Indian origin living abroad to represent India, marking a shift from the government's previous stance that only Indian passport holders could play for the country. The 2008 ban on Overseas Citizens of India (OCI) cardholders from representing India has hindered the country's progress in sports like football and tennis. The 20-page Khelo Bharat Niti document states that India will pursue Peace & International Cooperation Activities through Sports, recognising that 'Sports can serve as a powerful tool for international diplomacy and cooperation." 'Wherever feasible, promising and prominent Indian-origin athletes living abroad may be encouraged to come back and play for India at the international level," it states. 'Together, these efforts can transform sport into a dynamic tool of cultural diplomacy and nation-building, strengthening the global Indian identity." What Is The Current Rule To Represent India? Currently, only Indian passport holders can compete for the nation. However, the ministry is considering revoking the ban so that 'India's sporting ecosystem can be strengthened". The new policy also aims to promote international sports exchange programmes for knowledge sharing, capacity building, and collaborative development efforts. 'Sports can serve as a powerful bridge between the Indian diaspora and India, fostering enduring emotional, cultural and social connections. To strengthen this bond, dedicated sporting events and leagues can be organised specifically for and among the Indian diaspora." The All India Football Federation (AIFF) has been particularly keen on allowing OCIs to play, despite the lack of major names eligible even if the ban is lifted. In tennis, Prakash Amritraj, son of the legendary Vijay Amritraj, was one of several prominent US passport holders affected by the OCI ban. He represented India in 10 Davis Cup ties between 2003 and 2008 before the restrictions barred players like him from continuing. First Published: