Surrogate Mother for NRI/OCI/PIO couples made Easy in India!

Surrogate Mother for NRI/OCI/PIO couples in India

A surrogacy arrangement materializes as the carrying of a pregnancy for intended parents. There are two main types of surrogacy, gestational surrogacy and traditional surrogacy. In gestational surrogacy, the pregnancy results from the transfer of an embryo created by IVF, in a manner so the resulting child is genetically not linked to the surrogate.

In traditional surrogacy, the surrogate is impregnated naturally, but the resulting child is genetically connected to the surrogate. In India, gestational surrogacy is more common than traditional surrogacy and is considered less legally complex. Though surrogacy becomes one of the major attracting aspects to draw people from overseas, this also helps for NRI/PIO/OCI get their medical issue solved through latest fertility treatments, known as fertility treatment.

Intended parents may look for a surrogacy arrangement when medical issues formulate pregnancy not possible or make carrying a pregnancy risky. Monetary compensation might be involved in surrogacy arrangements. If the surrogate gets compensation beyond the reimbursement of medical and the other reasonable expenses, the arrangement is known as commercial surrogacy; or else, it is referred to as altruistic surrogacy. The legality and costs of surrogacy differ widely between jurisdictions, sometimes resulting in international surrogacy arrangements.

Provisions applicable to OCI/PIO Cardholders for commissioning surrogacy in India

NRI/OCI/PIO cardholders coming to India for commissioning surrogacy will not need a separate Medical Visa. On the other hand, on arrival to India and before commissioning surrogacy, they will have to get hold of a special permission from the FRRO concerned. Such permission may be allowed by the FRRO concerned subject to the following conditions:-

1. The couple should be duly married and the marriage should have maintained at least for two years.
2. They should put in 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 distinguishes surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be let entry into their country as a biological child/children of the couple commissioning surrogacy.
3. The couple should provide an undertaking that they would look after the child/children born through surrogacy.
4. The treatment should be executed well only at one of the registered ART Clinics familiar by ICMR.
5. The couple should generate 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 concerned will make sure the following – and, as a result, must be born in mind by the PIO? OCI Card holder, who is going for surrogacy:

1. The OCI/PIO Cardholder had obtained the requisite prior permission from FRRO/FRO concerned for commissioning surrogacy as mentioned above.
2. 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 completely discharged as per the Agreement.

A copy of the Birth Certificate(s) of the surrogate child/children will be kept by the FRRO along with photocopies of the passport and OCI/PIO card of the OCI/PIO cardholder.

Foreign Nationals intending to visit India for Commissioning of Surrogacy:

 A foreign national who means to visit India for commissioning surrogacy may apply for Medical Visa subject to following conditions: 

1. The foreign man and woman are fittingly married and the marriage should have sustained at least for two years.
2. A letter from the Embassy of his/her country in India should be enclosed with the visa application stating clearly that

• The country recognizes surrogacy
• The child/children be born to the commissioning couple through the Indian surrogate mother will be permitted entry into his/her country as a biological child/children of the couple commissioning surrogacy. 

1. The couple should deliver an undertaking that they would look after the child/children born through surrogacy.
2. The treatment should be done only at one of the registered ART clinics recognized by Indian Council of Medical Research (ICMR).
3. The couple should generate a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother. 

Before returning from India, the foreign couple should get ‘Exit’ permission from FRRO, which will see whether the couple bears a certificate from the ART clinic concerned regarding the fact that the child/children have been duly taken custody of by the foreigner and that the liabilities towards the Indian surrogate mother have been completely released as per the agreement. A copy of the birth certificate(s) of the surrogate child/children will be kept by the FRRO along with photocopies of the passport and visa of the foreign parents.

For putting together and executing the agreement cited at (v) above, the foreign couple could be permitted to visit India on an investigation trip on Tourist Visa, but no samples may be given to any clinic during such preliminary visit.