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

OCI/PIO Cardholders coming to India for the purpose of 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:

1. The couple should be duly married and the marriage should have sustained at least for two years.
2. 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.
3. The couple should furnish an undertaking that they would take care of the child/children born through surrogacy.
4. The treatment should be done only at one of the registered ART Clinics recognized by ICMR.
5. The couple should produce a duly notarized agreement between the applicant couple and the prospective Indian surrogate mother.

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