Surrogacy in India For Overseas Citizenship of India (OCI)

Yes, Surrogacy in India for Overseas Citizenship of India (OCI) is Allowed as per current and latest surrogacy laws in India.

As of now, surrogacy in India is regulated as per THE SURROGACY (REGULATION) ACT, 2021, which makes surrogacy much more restrictive and needs to be approved by the surrogacy boards as per the norm set by THE SURROGACY (REGULATION) ACT, 2021

Additional guide for surrogacy in India:

https://www.ivfconceptions.com/is-surrogacy-legal-in-india/ 

https://www.ivfconceptions.com/surrogacy-for-nri-in-india/ 

https://www.ivfconceptions.com/latest-surrogacy-law-in-india/ 

 

Surrogacy Regulations in  India

Understanding the legal framework surrounding surrogacy in India is paramount. Regulations govern surrogacy arrangements, and it’s essential to be well-informed about the legalities involved to ensure a smooth and legally sound process.

Altruistic Surrogacy Cost in India

If you’re considering surrogacy as a path to parenthood, understanding the expenses involved is crucial. In this guide, we provide you with detailed insights into the cost of surrogacy in India, all in line with the principles of ethics, and legality, ensuring you make an informed decision.

Understanding Altruistic Surrogacy

Altruistic surrogacy is a noble act where a woman selflessly carries a child for another couple or individual without any financial compensation.  Sometimes, it is only hope for those who are unable to conceive through traditional means. The altruistic surrogacy model aims to prioritize the well-being and emotional connection between the surrogate mother and the intended parents.

In India, surrogacy is regulated by the Surrogacy Law of 2021, which permits only altruistic surrogacy for humanitarian reasons. This legal framework is designed to safeguard the rights, safety, and privacy of all parties involved in the surrogacy process.

 

Who Can Opt for Altruistic Surrogacy in India?

The Surrogacy Law in India lays down specific eligibility criteria for both prospective parents and surrogate mothers. To seek surrogacy services:

For Prospective Parents:

• You must be a married couple.
• The male partner should be between 26 and 50 years old, while the female partner should be between 23 and 50 years old.
• You should provide a medical professional’s infertility certificate to establish your inability to conceive.

For Surrogate Mothers:

• Surrogate mothers should have the genuine intention to carry a child for another couple without any financial gain.
• They must fall within certain age and marital status parameters.
• Surrogate mothers must already be mothers themselves, demonstrating their maternal experience and mental strength.
• Certificates of physical and mental fitness are mandatory to ensure their health and well-being.

The Approval Process for Surrogacy

The Indian Surrogacy Act of 2021 outlines a meticulous approval process to ensure ethical surrogacy procedures. To initiate the process:

1. An application, comprising the surrogate mother’s medical and family history and a medical fitness certificate, must be submitted to the National Surrogacy Board for approval.
2. Surrogacy centers play a crucial role in facilitating the surrogacy agreement, coordinating medical procedures, and ensuring the well-being of all parties involved.
3. Once the application is accepted, intended parents can begin their journey towards parenthood with the support of a recognized surrogacy center.

What is an OCI (Overseas Citizenship of India) Cardholder?

The Overseas Citizenship of India is an immigration position in which a foreign citizen of Indian origin can live and work in India indeterminately. Such people do not need to take any permission or visa for arrival, any time, for any number of days.

In August 2005, OCI was introduced by The Citizenship (Amendment) Act. According to the Constitution of India, an Indian citizen can only have one citizenship.  So, if they are not allowed to hold Indian citizenship along with other country citizenship. Thus, Surrogacy for foreigners in India is not permitted and only Indian citizens and OCI card holders can do surrogacy in India. 

Surrogacy in India for NRI (Non-Resident Indians) is allowed if they are Indian passport holders.

If any Indian origin person is not an Indian citizen anymore but can opt for OCI or PIO it gives him the advantage of coming and working in India due to virtue of his or her origin/birth in India.

An overseas citizen of India is not a citizen of India so come up with some limits like they cannot vote, take constitutional offices, buy agricultural properties, etc. In order to apply for an OCI document, the person needs to be a citizen of some other country and should have a passport of his country except for Bangladesh or Pakistan.

So, how an OCI can apply for surrogacy in India? 

Current Surrogacy Process in India

 

Please read below the basic Surrogacy steps:

#1. Intended Parents eligibility

 

• Intended parents need to be eligible on multiple levels, legally, medically, nationality, age, etc. You will find the list of criteria mentioned here. Click to learn more.

 

#2. Surrogacy Legal Documentation

• This is the most important event in the process of surrogacy where the legal team will guide you through the new laws and processes.
• Prepare the affidavits, agreements, and other documents. Will file it to the relevant authorities for approval.

 

#3. NOC and Court order

• You need an essentiality certificate from the Appropriate authority and the Board. Post which the Court needs to provide the Court order.

 

#4. Surrogate Verification

• Surrogate post verification from the Appropriate Authority, will undergo endometrial preparation and get ready for transfer.

 

#5. IVF Process

• Once we have all the documents in place we can start the IVF process, surrogate preparation, and plan for a transfer date.

 

#6. Ante-natal Care (Pregnancy)

• We regularly communicate with you in regards to the progress of the pregnancy and surrogate care throughout the 9 months.

 

#7. Coordinating Delivery

• Close to the delivery date, we help plan the delivery and the requirements.
• At birth, the baby will be handed over to you and you need to stay in the hospital for 2-3 days to ensure everything is good for the baby.

 

#8. Closure of Surrogacy

• Post one or two months of delivery, once the surrogate is healthy, she signs off an NOC, which gives a closure for the program.

 

 More resources for Surrogacy in India For Overseas Citizenship of India (OCI) :

What is surrogacy law in India?

All you need to know about the surrogacy process in India 

How much does surrogacy cost in India?

Requirements for OCI/PIO Cardholders for doing surrogacy in India

If you are OCI and wish to commission surrogacy in India, you need to fulfill certain criteria to be applicable in India.  This authorization will be granted to you for the concerned subject when you meet the following criteria.

• The childless couple must be married and their marriage should have continued for at least 2 years.
• Enclose a letter from the Embassy of the foreign country in India or with the application from the Foreign Ministry of the country stating that their respective country recognizes surrogacy and the child born out of surrogacy is allowed to enter their country.
• The couple needs to furnish the responsibility that they will take care of the child born through Surrogacy.
• The treatment should be done at the registered ART clinics that are recognized by the ICMR.
• The couple should have the duly notarized surrogacy agreement between the Indian Surrogate mother and the commissioning intended parents.

Before granting the exit to the children who are 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 got permission from FRRO/FRO regarding the commissioning of surrogacy in India.
• The OCI/ PIO cardholder has a certificate from a registered ART clinic.
• The fact that the child will be under the custody of the OCI/PIO cardholder and the obligations of the Surrogate mother will be discharged according to the Agreement.
• Copy of the Birth certificate of the child will be retained by the FRRO/FRO with the photocopies of the passport and OCI/PIO card of the OCI/PIO couples.  

Source: Click here

Why Choose US – Why we work with our team/ fertility clinic

 

1. We were in many ways the first Surrogacy provider since 2007.
2. We take pride that we had 100% clearance with our 720+ babies born for international couples.
3. Today, the court and lawyer involvement has increased, and so have the clinic’s responsibilities.
4. Presently we believe we are the only clinic in India, that is assisting couples at all levels including Certificate clearances, Legal documentation, and Court orders, unlike other clinics, where they are referring to respective people.
5. The costs that have increased are primarily towards the legal and government charges and due to multiple legal compliances and approvals, the overall cost of surrogacy has gone up.
6. By keeping all the services under one roof ( legal, medical, admins, evaluations, approvals) we save your time and money and make your surrogacy journey a hassle-free experience. (no need to come in person) .
7. Surrogacy in India cost which is much more affordable and all-inclusive

 

Hope this helps. Thanks.

 

To confirm all this, can you give below detail​ to see if we can assist you with surrogacy in India legally?

• Female Partner Age:
• Male Partners Age:
• Citizenship:
• Marital status:
• Any child?:
• Medical reason for surrogacy:
• Self or donor cycle:
• Present location:

 

If you will not be eligible for surrogacy in India, we can offer other countries as well.​ We are happy to set up a consultation call to discuss your options and further assistance if needed.

Additional guide for surrogacy in India:

Cost of Surrogacy in Mumbai: Affordable Options

Top 5 Best Surrogacy Doctors in Mumbai With High Success Rate (2023)

Best IVF Centers in India – IVF Conceptions

Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed

Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021

Is Surrogacy for NRI in India Allowed?

Is Surrogacy Legal In India?

How to Find Surrogate Mothers in India

How Much Does Surrogacy Cost In India ( in 2024)?

Legal Issues Related To Surrogacy In India

Surrogacy In India-Everything Parents Need to Know

Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs

Why Choose IVF Conceptions for Surrogacy in India for OCIs and NRIs

• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience.

• Getting a chance to work with fertility clinics/agencies that are elite and have a proven track record with references from existing IPs.

• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc.

• All transparent financial transactions with affordability. You make a direct payment with no additional fee on top.

• No hidden agent fee or surprise cost later on.  All fees are paid directly as per the agreement signed with the service provider.

• Dedicated case manager to each IPs.

• Honest, transparent, and quick communications.

• Assistance in all legal matters about visa and taking baby home process.

• Local support with access to all medical reports of egg donors and surrogate mothers.

• Assistance in all logistics of frozen sperm/embryo shipments.

• Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.

Costs for Surrogacy in India with a breakdown of services.

 

Surrogacy Cost Component	Typical surrogacy Price in India	What’s Covered
IVF Treatment	1.5 – 2.5 lakh rupees per cycle (most couples need 2 cycles)	Includes medical procedures and medications for egg retrieval and fertilization
Surrogacy Fees	4 – 8 lakh rupees	Compensation to the surrogate mother
Agency/Clinic Fees	1 – 2.5 lakh rupees	Professional fees for surrogacy agency or fertility clinic handling arrangement
Legal Fees	50,000 – 100,000 rupees	Lawyer’s fees for drafting contracts between parties
Other Costs	1 – 2 lakh rupees	Cover additional expenses like medical insurance, embryo storage/shipment, screening tests
Legal approvals	4- 6 lakh rupee	The cost of legal approvals and compliance and NOCs before starting medical procedure.

So, the total Surrogacy packages cost in India is 20 – 25 lakh rupees

Frequently Asked Questions for OCI Surrogacy in India

If we are a childless couple of foreign origins and wish to have a baby in India through a surrogate mother, are we allowed to do so?

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.

As per this circular, currently, NO VISA is being issued by Indian Missions to foreign citizens to come to India for commissioning surrogacy. As of now, only Indian citizens are allowed to do surrogacy in India.

What are the surrogacy-related rules for OCI Cardholders?

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.

Besides this, no exit permission is given by the FRROs/FROs to the babies born through surrogacy in India for foreign citizens including OCI cardholders.

But it is worth mentioning that for babies born through surrogacy already commissioned on or before the issue of the Circular, exit permissions are given by FRROs/FROs on a case-to-case basis. 

Is surrogacy in India for NRI (Non-Resident Indians) allowed?

Yes, if they are Indian passport holders. But they are OCI/PIO, it is advised to contact our case manager to discuss your specific case.

Can OCI get surrogacy in India?

Yes, OCI (Overseas Citizenship of India) cardholders can avail surrogacy services in India. They are allowed to come to India for commissioning surrogacy without needing a separate Medical Visa. However, they must obtain special permission from the concerned Foreigners Regional Registration Office (FRRO) before proceeding with the surrogacy process.

As per the new surrogacy regulation bill dated Dec 2021, please check your eligibility for surrogacy in India.

Can NRI opt for surrogacy in India?

Yes, NRIs (Non-Resident Indians) can also opt for surrogacy in India. The rules and regulations regarding surrogacy for NRIs are similar to those for OCI cardholders.

Who is not eligible for surrogacy in India?

Indian citizens, OCI cardholders, and NRIs are eligible for surrogacy in India, there are certain eligibility criteria that must be met. The couple seeking surrogacy should be duly married, and their marriage should have been sustained. Additionally, other foreign nationals who are not OCI cardholders or NRIs may not be eligible for surrogacy in India under the current regulations.

Is surrogacy legal in India for Indian citizens?

Yes, surrogacy is legal in India for Indian citizens. However, the surrogacy laws in India have undergone several changes over the years.

The Indian government has implemented stricter regulations to prevent commercial surrogacy and to protect the rights of surrogate mothers. As of my knowledge cutoff in September 2021, Indian citizens can still opt for surrogacy in India under specific circumstances and in compliance with the prevailing legal guidelines.

Is surrogacy for Indian parents possible in India?

Yes, possible but each case cannot be accepted.  Please get in touch with us to discuss your specific case.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 13 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families. Till now we have helped and supported thousands of the intended parents with their family-building journey, and we can help you as well.  Happy to share the references from the past IPs if needed.

Our founder and chief surrogacy consultant, Neelam Chhagani, passionately helps couples struggling with fertility challenges. Since starting our surrogacy consulting agency in 2013, we’ve helped welcome over 500 babies for intended parents nationwide.

Our team includes experts from diverse backgrounds with leading reproductive attorneys, professionally trained top fertility doctors, former surrogacy case managers, experienced and kind surrogate mother and egg donor coordinators, mental health professionals specializing in infertility counseling, and a logistic support team to assist you in your chosen surrogacy country.

 

 

More Resources:

• American Society for Reproductive Medicine (ASRM): https://www.asrm.org/
• The American Infertility Association (AIA): https://resolve.org/
• Family Equality Council: https://www.familyequality.org/

National Center for Lesbian Rights (NCLR): https://www.nclrights.org/