Who are OCI (Overseas Citizenship of India) Cardholder?
The Overseas Citizenship of India (OCI) is an immigration status in which a foreign citizen of Indian origin can get permission to live and work in India indefinitely. In response to the demands for dual citizenship by the Indian diaspora, the OCI was introduced. In August 2005, it was introduced by The Citizenship (Amendment) Act, 2005. According to the Constitution of India, an Indian citizen can not hold dual citizenship. OCI is also not the actual citizenship of India and it comes up with many limitations like no right to vote or hold constitutional offices, buy agricultural properties, etc. In order to apply for an OCI document, a holder must be a citizen of another country and have the passport of his country except for Bangladesh or Pakistan.
Who are Person of Indian Origin (PIO) :
A Person of Indian Origin (PIO) Cardholder is an individual who holds a PIO card, which is issued by the Indian government to people of Indian origin who are not citizens of India but have ties to the country. The PIO card was introduced to make travel to India easier and to provide certain benefits to people of Indian origin.
If you are an OCI (Overseas Citizen of India) or PIO (Person of Indian Origin) cardholder and planning to commission surrogacy in India, you must be aware of the following rules & regulation of India.
Medical Visa Requirement?
OCI or PIO Cardholders of India do not require a separate Medical Visa for commissioning surrogacy in India. Surrogacy in India is available for each OCI / PIO Card Holder Subject to proven case of Infertility in that country.
Special Permission
Upon arrival in India and before commissioning surrogacy, OCI/PIO cardholders must obtain special permission from the FRRO (Foreigners Regional Registration Office) or FRO (Foreigners Registration Office) for the Surrogacy Treatment in India.
Conditions for Permission
1.Marital Status:
The couple must be duly married, and their marriage should have sustained for at least five years.
2. Letter from Embassy:
A letter from the Embassy of their foreign country in India or from the Foreign Ministry stating Recognition of surrogacy by their respective country and The surrogate child/children will be considered as the biological child/children of the commissioning couple and will be permitted to enter their country.
3. Undertaking:
The couple must provide an undertaking that they will take care of the child/children born through surrogacy in AA Board of Surrogacy
4. Registered ART Clinics:
The treatment must be done only at ART (Assisted Reproductive Technology) clinics that are recognized by the ART & Surrogacy Board of India. Couple must consult with any Government Registered Clinic of Surrogacy before planning for Treatment. Doctor Recommendation for Surrogacy will start the procedure for getting approval from various government department
5. OCI Verification for National Board of Health
The couple must Submit Their OCI Card with an application for the Surrogacy Treatment in India. National Board will verify the documents and their their application in to District Medical Board of their desired Fertility Clinic.
6. Only Altruistic Surrogacy Allowed
OCI / PIO Card hold of India can do surrogacy treatment in Altruistic manner. They need to arrange a Surrogate mother from their known relatives, friend, family so that surrogate does not demand for any commercial benefit from the couple. They have to prove their knowingness with surrogate mother or with her husband.
