Overseas Citizen of India (OCI) and Person of Indian Origin (PIO) cardholders can commission surrogacy in India without a separate medical visa, but they must get special permission from the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO). The FRRO may grant permission if the couple meets the following conditions:
- The couple is married and has been married for at least two years
- The female partner is between 23–50 years old and the male partner is between 26–55 years old
- The couple has no children from previous marriages or relationships
- The application includes a notarized agreement between the couple and the surrogate mother
- The application includes a letter from the Embassy of the foreign country in India or the Foreign Ministry of the country stating that their respective country recognizes surrogacy and the child born out of surrogacy is allowed to enter their country
- The application includes an undertaking that the couple will care for the children born through surrogacy
- The treatment takes place at a registered ART clinic that is recognized by the ICMR
- The OCI/PIO cardholder has a certificate from the ART clinic
- The OCI/PIO cardholder has taken custody of the child