Surrogacy for OCI Card Holder

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surrogacy for OCI Card holders in India

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.

Conditions to Opt for Surrogacy in India 

Are you willing to enjoy parenthood and having your own baby in India? It is quite possible but if you are an OCI Cardholder then there are certain rules that you need to follow so that you can go through the Surrogacy process in India. If both the partners have Indian citizenship then it is quite easy to go with the Surrogacy treatment in India. But if one is having Indian citizenship and the other is having citizenship of another country or is OCI Cardholder, then the documentation will be of the one who is having Indian citizenship. And he or she will be having the biological child through Surrogacy which means that the one who is having an Indian passport will provide his/her egg to have his own baby through Surrogacy. You can have your own lawyers from your respective country if you want to but in order to complete the legal paperwork and legality fees for the U.K, Norway, Malaysia, Netherland, Denmark countries, you need to pay around 1 lakh approximately for commissioning Surrogacy.

Provisions Applicable to OCI/PIO Cardholders

There are some provisions that are applicable to OCI/PIO Cardholders. Hence, if you are looking for commissioning surrogacy in India then you must be aware of the following provisions applicable in India. The OCI/PIO cardholders that are coming to India for getting commissioning surrogacy in India will not be asked for a separate Medical Visa. When you are arriving in India before commissioning Surrogacy then you have to get special permission from FRRO/FRO regarding the same. This permission will be granted to you for the concerned subject when you meet the following criterion.

  1. The couple must be married and their marriage should have sustained at least 2 years.
  2. Enclose a letter from the Embassy of the foreign country in India or with the application from Foreign Ministry of the country stating that their respective country recognizes the Surrogacy and second the born child will be considered as the biological child of the couple having commissioning Surrogacy and he will be permitted to enter their country.
  3. The couple needs to furnish an undertaking that they will take care of the child born through Surrogacy.
  4. The treatment should be done at the registered ART clinics that are recognized by the ICMR.
  5. The couple should have the duly notarized agreement between the Indian Surrogate mother and the applicant couple.

Before granting the exit to the children which is born through Commissioning Surrogacy, the FRRO will ensure that there must be a PIO/ OCI Cardholder who is opting for Surrogacy.

  • The OCI/ PIO cardholder has obtained permission from FRRO/FRO regarding the commissioning surrogacy.
  • The OCI/ PIO cardholder has a certificate from a recognized ART clinic.
  • Regarding the fact that the child will be under the custody of the OCI/PIO cardholder and the liabilities of the Surrogate mother (Indian) will be discharged according to the Agreement.
  • Copy of the Birth certificate of the Surrogate child will be retained by the FRRO/FRO with the photocopies of the passport and OCI/PIO card of the OCI/PIO couples.

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

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. – Kindly refer to MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015: (Foreign nationals [including Overseas Citizen of India (OCI) cardholders] intending to visit India for commissioning surrogacy frequently asked questions). As per this circular, no visa is currently being issued by Indian Missions/Posts to foreign nationals to visit India for commissioning surrogacy.

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

Ans. – As per the MHA’s circular no. 25022/74/2011-F.1 (Vol. III) dated 3 November 2015, no permission is to be granted by FRROs/FROs to OCI cardholders to commission surrogacy in India. Further, no exit permission is to be granted by the FRROs/FROs to the child/children to be born through surrogacy to foreign nationals including OCI cardholders. However, for child/children born through surrogacy already commissioned on or before the issue of the Circular, exit permissions are decided by FRROs/FROs on a case to case basis.