Provisions applicable to OCI/PIO Cardholders for commissioning surrogacy in India
OCI/PIO Cardholders coming to India for commissioning surrogacy will not require a separate Medical Visa. However, on arrival to India and before commissioning surrogacy, they will have to obtain a special permission from the FRRO/FRO concerned. Such permission may be granted by the FRRO/FRO concerned subject to the following conditions:-
(i) The Couple should be duly married and the marriage should have sustained at least for two years.
(ii) They should enclose a letter from the Embassy of the foreign country in India or the Foreign Ministry of the country with the application stating clearly that (a) the country recognizes surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple commissioning surrogacy.
(iii) The couple should furnish an undertaking that they would take care of the child/children born through surrogacy.
(iv) The treatment should be done only at one of the registered ART Clinics recognized by ICMR.
(v) The couple should produce a duly notarized agreement between the applicant Couple and the prospective Indian surrogate mother.
Before granting exit to the child/children born through commissioning of surrogacy in such cases, the FRRO/FRO concerned will ensure the following – and, therefore, must be kept in mind by the PIO?OCI Card holder, who is going for surrogacy :-
(a) The OCI/PIO Cardholder had obtained the requisite prior permission from the FRRO/FRO concerned for commissioning surrogacy as mentioned above.
(b) The OCI/PIO Cardholder is carrying a certificate from the ART clinic concerned
Regarding the fact that the child/children have been duly taken custody of by the OCI/PIO Cardholder and the liabilities towards the Indian surrogate mother have been fully discharged as per the Agreement.
(c) A copy of the Birth Certificate(s) of the surrogate child/children will be retained by the FRRO/FRO along with photocopies of the passport and OCI/PIO card of the OCI/PIO cardholder.