Indian citizens residing outside the country can come to India for surrogacy without having the need for a medical visa.
Home Ministry of India has said Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs) do not need a medical visa for commissioning surrogacy here.
The only requirements for people with and OCI or PIO card to commission for surrogacy in India are:
- They must be a heterosexual couple, married for atleast 2 years
- Permission from the Foreigners’ Regional Registration Office (FRRO) or the Foreigners’ Registration Office (FRO).
- A letter of consent from the Foreign Ministry or the Embassy of the country saying that the child born from the surrogacy arrangement would be permitted to enter the country as the couple’s biological offspring
Besides affirming that they’d be the responsible caretakers of the child, the commissioning couple needs to have a notarised agreement with the prospective surrogate mother.
All these documents will be checked by the FRRO/FRO before granting exit visa to the baby. They will also confirm that your liabilities with the surrogate have been settled.
The document process listed here might seem a little intimidating, but having a baby is a life-changing procedure and these guidelines have been drafted in the best interests of all parties. We assist all clients with the paperwork, and our associate lawyers will help provide you the needed legal guidance.
An OCI card is for foreign nationals, who were eligible to become citizens of India on 26th January, 1950 or come from a territory that became part of India after 15th August 1947 and his/her children and grand children. However, this is not applicable for citizens of Pakistan or Bangladesh.
The PIO card is for people of Indian origin who are citizens of any country other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China or Nepal or who had an Indian passport at any time or is married to an Indian citizen or a Person of Indian Origin.