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OCI Surrogacy Requirements in India

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Requirements for OCI/PIO Cardholders for doing surrogacy in India

If you hold OCI status and intend to pursue surrogacy in India, you must meet specific criteria to be eligible. Authorization for this purpose will be granted to you when the following conditions are satisfied:

  • The childless couple must be married, and their marriage should have lasted for at least 2 years.
  • Include a letter from the Embassy of the foreign country in India or from the Foreign Ministry of the respective country, stating that their country recognizes surrogacy and allows children born through surrogacy to enter.
  • The couple must undertake the responsibility of caring for the child born through surrogacy.
  • The surrogacy treatment must be conducted at registered ART clinics recognized by the ICMR.
  • The couple must possess a duly notarized surrogacy agreement between the Indian surrogate mother and the commissioning intended parents.

Foreigners Regional Registration Office (FRRO) Requirements

Before allowing the exit of children born through commissioned surrogacy, the FRRO will ensure that there is a PIO/OCI Cardholder who is engaging in surrogacy.

The Surrogacy (Regulation) Act of 2022 provides a comprehensive framework for overseeing surrogacy arrangements in India. Let's explore its key provisions:

  • The OCI/PIO cardholder must have permission from FRRO/FRO regarding the commissioning of surrogacy in India.
  • The OCI/PIO cardholder must possess a certificate from a registered ART clinic.
  • The agreement must specify that the child will be under the custody of the OCI/PIO cardholder, and the obligations of the surrogate mother will be fulfilled as per the agreement.
  • Copies of the child's birth certificate will be retained by the FRRO/FRO along with photocopies of the passport and OCI/PIO card of the OCI/PIO couples.

Other laws and options for OCI cardholders are similar to those for NRIs .

These are discussed under the section on Options for NRI’s .

If you are a foreign passport holder you can apply for a OCI card online

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To complete FRRO registration

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