It, however, said that the measure was interim and described it as a “transitory phase” till the outcome of the new law pertaining to surrogacy is in place.

“Our view is that anybody who applies for visas under the present system requires to fulfil our criterion for being granted a visa. If in a certain country, the laws do not permit them to fulfil that criterion, obviously visas cannot be issued for people who are not ready to fulfil the criterion that exists,” External Affairs Ministry spokesperson Syed Akbaruddin said.

Responding to a question on whether Australian citizens wanting to come to India for surrogacy are not being granted visas, he said, “This is still an interim and a transitory phase because there is a legislation which is being considered and it is best to wait for the outcome. Until then the law of the land will prevail.”

He said in Australia this is an issue, but “the ball is in the court of the country from which these nationals hail and would require to come and have surrogacy in India.

The spokesperson said surrogacy was a very sensitive issue and the country is in the process of discussing a new legislation and one should wait for the outcome of that.