Surrogacy for OCI and PIO Card Holder – Both are legally allowed in India

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What is OCI(Overseas Citizenship of India) Cardholder?

The Overseas Citizenship of India (OCI) is an immigration status in which a foreign citizen of Indian origin can get permission to live and work in India indefinitely. In response to the demands for dual citizenship by the Indian diaspora, the OCI was introduced. In August 2005, it was introduced by The Citizenship (Amendment) Act, 2005. According to the Constitution of India, an Indian citizen can’t hold dual citizenship. OCI is also not the actual citizenship of India and it comes up with many limitations like no right to vote or hold constitutional offices, buy agricultural properties, etc. In order to apply for an OCI document, a holder must be a citizen of another country and have the passport of his country except for Bangladesh or Pakistan.

What is Person of Indian Origin (PIO) :

A Person of Indian Origin (PIO) cardholder is an individual who holds a PIO card, which is issued by the Indian government to people of Indian origin who are not citizens of India but have ties to the country. The PIO card was introduced to make travel to India easier and to provide certain benefits to people of Indian origin.

Provisions Applicable to OCI/PIO Cardholders for Commissioning Surrogacy in India:

If you are an OCI (Overseas Citizen of India) or PIO (Person of Indian Origin) cardholder planning to commission surrogacy in India, you must be aware of the following provisions:

Medical Visa

  • OCI/PIO cardholders do not require a separate Medical Visa for commissioning surrogacy in India.

Special Permission

  • Upon arrival in India and before commissioning surrogacy, OCI/PIO cardholders must obtain special permission from the FRRO (Foreigners Regional Registration Office) or FRO (Foreigners Registration Office).

Conditions for Permission

  1. Marital Status:
    • The couple must be duly married, and their marriage should have sustained for at least two years.
  2. Letter from Embassy:
    • A letter from the Embassy of their foreign country in India or from the Foreign Ministry stating:
      • Recognition of surrogacy by their respective country.
      • The surrogate child/children will be considered as the biological child/children of the commissioning couple and will be permitted to enter their country.
  3. Undertaking:
    • The couple must provide an undertaking that they will take care of the child/children born through surrogacy.
  4. Registered ART Clinics:
    • The treatment must be done only at ART (Assisted Reproductive Technology) clinics that are recognized by the ICMR (Indian Council of Medical Research).
  5. Notarized Agreement:
    • The couple must have a duly notarized agreement between themselves and the Indian surrogate mother.

Exit Process for Surrogate Child/Children

Before granting exit to the child/children born through commissioning surrogacy, the FRRO/FRO will ensure the following:

  1. Prior Permission:
    • The OCI/PIO cardholder must have obtained the requisite prior permission from the FRRO/FRO for commissioning surrogacy.
  2. Certificate from ART Clinic:
    • A certificate from the ART clinic confirming:
      • The OCI/PIO cardholder has taken custody of the child/children.
      • The liabilities towards the Indian surrogate mother have been fully discharged as per the agreement.
  3. Retention of Documents:
    • The FRRO/FRO will retain:
      • A copy of the birth certificate(s) of the surrogate child/children.
      • Photocopies of the passport and OCI/PIO card of the OCI/PIO cardholder.

Surrogacy Cost in India for OCI/IPO card Holder:

The cost of surrogacy in India can vary based on several factors, including the city, the clinic, and specific medical requirements. On average, the total cost ranges between ₹22,00,000 and ₹25,00,000. This includes medical procedures, legal fees, and other associated costs.

Frequently Asked Questions

Q.1 – We are a couple of foreign origins and wish to have a baby in India through a surrogate mother. What are the rules applicable in this regard?

Ans. – According to the latest provisions, OCI/PIO cardholders are now allowed to commission surrogacy in India under new laws. This supersedes the previous MHA circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015, which stated that Indian Missions or Posts were not issuing visas to foreign nationals for commissioning surrogacy.

Q.2 – What are the surrogacy related rules applicable to OCI Cardholders?

Ans. – For OCI/PIO Card Holders:

* Eligibility: OCI (Overseas Citizen of India) and PIO (Person of Indian Origin) cardholders must be married heterosexual couples.
* Marital Duration: The couple must have been married for at least two years.
* Documentation: They must provide a letter from the embassy of their foreign country in India, confirming their citizenship and marriage.
* FRRO/FRO Permission: Special permission from the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO) is required.

For more details, you should contact Vinsfertility executives who are just a call away from you.

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