Surrogacy in India For Overseas Citizenship of India (OCI Card Holders)/ Surrogacy in India for NRI
Yes, Surrogacy in India for Overseas Citizenship of India (OCI) is allowed as per current and latest surrogacy laws in India. Similarly, Surrogacy in India for NRI couples is allowed if they fulfill other conditions.
Overseas Citizenship of India (OCI) cardholders have limited access to surrogacy in India under the Surrogacy (Regulation) Act, 2021. While foreigners are not permitted to pursue surrogacy in India, OCI holders may be eligible under strict conditions. This guide provides an in-depth look at the process, eligibility, costs, and legal framework.
As of now, Indian surrogacy is regulated as per THE SURROGACY (REGULATION) ACT, 2021, which makes surrogacy much more restrictive and needs to be approved by the surrogacy boards as per the norm set by THE SURROGACY (REGULATION) ACT, 2021
Key Takeaways
✔️ Only Indian citizens and OCI holders can access altruistic surrogacy in India.
✔️ Commercial surrogacy is banned—only unpaid surrogacy is allowed.
✔️ Strict eligibility criteria apply, including marriage duration and medical proof.
✔️ Legal approvals and documentation are mandatory before starting surrogacy.
✔️ Surrogacy costs range from ₹20-25 lakh ($24,000 – $30,000 USD).
Additional guide:
https://www.ivfconceptions.com/is-surrogacy-legal-in-india/
https://www.ivfconceptions.com/surrogacy-for-nri-in-india/
https://www.ivfconceptions.com/latest-surrogacy-law-in-india/
Is surrogacy legal in India for foreigners?
Surrogacy in India’s latest News
Get in touch for FREE SURROGACY CONSULTING for surrogate mother cost India:
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Email: neelam@ivfconceptions.com
Surrogacy Regulations in India
Understanding the legal framework surrounding surrogacy in India is paramount. Regulations govern surrogacy arrangements, and it’s essential to be well-informed about the legalities involved to ensure a smooth and legally sound process.
THE SURROGACY (REGULATION) ACT, 2021
- Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
- Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
- Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must.
- Married Indian female (25 to 50 years) and male (26 to 55 years).
- Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
- The couple has not had any healthy surviving child biologically or by adoption.
- Have to have a Medical indication necessitating gestation surrogacy.
- To obtain a certificate of essentiality from The Appropriate Authority.
- To obtain a certificate of medical indication necessitating gestation surrogacy from the District Medical Board.
- Parentage Order passed by First Class Magistrate.
- Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
- Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.
Who Is Eligible for Surrogacy in India?
| Criteria | Details |
|---|---|
| Allowed Intended Parents | OCI holders married for at least 2 years |
| Age Requirement | Male: 26-50 years, Female: 23-50 years |
| Medical Condition | Certificate proving infertility is required |
| Legal Documents | NOC, embassy letter, and FRRO approval required |
| Surrogate Mother Requirements | Must be a married woman (25-35 years) with at least one biological child |
🔹 Single parents, same-sex couples, and foreigners (non-OCI) are not eligible.
Altruistic Surrogacy Cost in India
If you’re considering surrogacy as a path to parenthood, understanding the expenses involved is crucial. In this guide, we provide you with detailed insights into the cost of surrogacy in India, all in line with the principles of ethics, and legality, ensuring you make an informed decision. Indian surrogacy cost is much more affordable as compared to other surrogacy-friendly countries.
Understanding Altruistic Surrogacy
What is altruistic surrogacy?
Altruistic surrogacy is a noble act where a woman selflessly carries a child for another couple or individual without any financial compensation. Sometimes, it is the only hope for those who are unable to conceive through traditional means. The altruistic surrogacy model aims to prioritize the well-being and emotional connection between the surrogate mother and the intended parents.
In India, surrogacy is regulated by the Surrogacy Law of 2021, which permits only altruistic surrogacy for humanitarian reasons. This legal framework is designed to safeguard the rights, safety, and privacy of all parties involved in the surrogacy process.
Who Can Opt for Altruistic Surrogacy in India?
The Surrogacy Law in India lays down specific eligibility criteria for both prospective parents and surrogate mothers. To seek surrogacy services:
For Prospective Parents:
- You must be a married couple.
- The male partner should be between 26 and 50 years old, while the female partner should be between 23 and 50 years old.
- You should provide a medical professional’s infertility certificate to establish your inability to conceive.
For Surrogate Mothers:
- Surrogate mothers should have the genuine intention to carry a child for another couple without any financial gain.
- They must fall within certain age and marital status parameters.
- Surrogate mothers must already be mothers themselves, demonstrating their maternal experience and mental strength.
- Certificates of physical and mental fitness are mandatory to ensure their health and well-being.
The Approval Process for Surrogacy
The Indian Surrogacy Act of 2021 outlines a meticulous approval process to ensure ethical surrogacy procedures. To initiate the process:
- An application, comprising the surrogate mother’s medical and family history and a medical fitness certificate, must be submitted to the National Surrogacy Board for approval.
- Surrogacy centers play a crucial role in facilitating the surrogacy agreement, coordinating medical procedures, and ensuring the well-being of all parties involved.
- Once the application is accepted, intended parents can begin their journey toward parenthood with the support of a recognized surrogacy center.
What is an OCI (Overseas Citizenship of India) Cardholder?
The Overseas Citizenship of India is an immigration position in which a foreign citizen of Indian origin can live and work in India indeterminately. Such people do not need to take any permission or visa for arrival, any time, for any number of days.
In August 2005, OCI was introduced by The Citizenship (Amendment) Act. According to the Constitution of India, an Indian citizen can only have one citizenship. So, if they are not allowed to hold Indian citizenship along with citizenship from other countries, thus, Surrogacy for foreigners in India is not permitted and only Indian citizens and OCI card holders can do surrogacy in India.
Surrogacy in India for NRI (Non-Resident Indians) is allowed if they are Indian passport holders.
If any Indian origin person is not an Indian citizen anymore, but can opt for OCI or PIO, it gives him the advantage of coming and working in India due to virtue of his or her origin/birth in India.
An overseas citizen of India is not a citizen of India, so come up with some limits like they cannot vote, take constitutional offices, buy agricultural properties, etc. To apply for an OCI document, the person needs to be a citizen of some other country and should have a passport of their country except for Bangladesh or Pakistan.
Step-by-Step OCI Surrogacy Process in India
1. Legal & Medical Approvals
- Obtain a Certificate of Essentiality proving medical necessity.
- Secure a No Objection Certificate (NOC) from the FRRO.
- Get embassy documentation confirming that surrogacy is legal in the OCI holder’s home country.
2. Surrogacy Legal Documentation
- Draft a legally binding surrogacy agreement with a registered ART clinic.
- The agreement must be notarized and approved by the Surrogacy Board.
3. Surrogate Matching & Medical Screening
- The surrogate undergoes medical & psychological evaluations.
- Only registered ART clinics can facilitate the surrogacy process.
4. IVF & Embryo Transfer
- After legal clearances, IVF procedures begin.
- The embryo is implanted into the surrogate, followed by regular medical monitoring.
5. Birth & Legal Documentation
- After delivery, the birth certificate names the intended parents.
- Parents apply for a passport & exit clearance for the newborn.
So, how can an OCI apply for surrogacy in India?
Current Surrogacy Process in India
Please read below the basic Surrogacy steps:
#1. Intended Parents eligibility
- Intended parents need to be eligible on multiple levels, legally, medically, nationality, age, etc. You will find the list of criteria mentioned here. Click to learn more.
#2. Surrogacy Legal Documentation
- This is the most important event in the process of surrogacy where the legal team will guide you through the new laws and processes.
- Prepare the affidavits, agreements, and other documents. Will file it to the relevant authorities for approval.
#3. NOC and Court order
- You need an essentiality certificate from the Appropriate authority and the Board. Post which the Court needs to provide the Court order.
#4. Surrogate Verification
- Surrogate post verification from the Appropriate Authority, will undergo endometrial preparation and get ready for transfer.
#5. IVF Process
- Once we have all the documents in place we can start the IVF process, surrogate preparation, and plan for a transfer date.
#6. Ante-natal Care (Pregnancy)
- We regularly communicate with you in regards to the progress of the pregnancy and surrogate care throughout the 9 months.
#7. Coordinating Delivery
- Close to the delivery date, we help plan the delivery and the requirements.
- At birth, the baby will be handed over to you and you need to stay in the hospital for 2-3 days to ensure everything is good for the baby.
#8. Closure of Surrogacy
- Post one or two months of delivery, once the surrogate is healthy, she signs off an NOC, which gives a closure for the program.
More resources for Surrogacy in India For Overseas Citizenship of India (OCI) :
What is surrogacy law in India?
All you need to know about the surrogacy process in India
How much does surrogacy cost in India?
Surrogacy Cost Breakdown in India for OCI Holders
| Expense | Estimated Cost (INR) |
| IVF Procedure & Embryo Transfer | ₹3,50,000 – ₹5,00,000 |
| Surrogate Mother’s Medical Care & Insurance | ₹4,50,000 – ₹6,00,000 |
| Legal & Administrative Fees | ₹4,00,000 – ₹6,00,000 |
| Hospital Delivery Charges | ₹5,00,000 – ₹8,00,000 |
| Total Estimated Cost | ₹25,00,000 – ₹35,00,000 |
🔹 Costs are significantly lower compared to international surrogacy destinations.
Challenges & Considerations in OCI Surrogacy
🔴 Legal Complexities: Surrogacy laws in India frequently change.
🔴 Medical Risks: IVF failure rates and pregnancy complications add unforeseen costs.
🔴 Citizenship & Exit Process: Obtaining a passport & FRRO clearance can take time.
🔴 Surrogate Screening: Finding qualified surrogates willing to do unpaid altruistic surrogacy is challenging.
Requirements for OCI/PIO Cardholders for doing surrogacy in India
If you are OCI and wish to commission surrogacy in India, you need to fulfill certain criteria to be applicable in India. This authorization will be granted to you for the concerned subject when you meet the following criteria.
- The childless couple must be married and their marriage should have continued for at least 2 years.
- Enclose a letter from the Embassy of the foreign country in India or with the application from 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 couple needs to take care of the child born through Surrogacy.
- The treatment should be done at the registered ART clinics that are recognized by the ICMR.
- The couple should have the duly notarized surrogacy agreement between the Indian Surrogate mother and the commissioning intended parents.
Before granting the exit to the children who are born through Commissioning Surrogacy, the FRRO will ensure that there must be a PIO/ OCI Cardholder who is opting for Surrogacy.
- The OCI/ PIO cardholder has got permission from FRRO/FRO regarding the commissioning of surrogacy in India.
- The OCI/ PIO cardholder has a certificate from a registered ART clinic.
- The fact that the child will be under the custody of the OCI/PIO cardholder and the obligations of the Surrogate mother will be discharged according to the Agreement.
- Copy of the Birth certificate of the child will be retained by the FRRO/FRO with the photocopies of the passport and OCI/PIO card of the OCI/PIO couples.
Why Choose US – Why we work with our team/ fertility clinic
- We were in many ways the first Surrogacy provider since 2007.
- We take pride in the fact that we had 100% clearance with our 720+ babies born for international couples.
- Today, the court and lawyer involvement has increased, and so have the clinic’s responsibilities.
- Presently, we believe we are the only clinic in India that is assisting couples at all levels , including Certificate clearances, Legal documentation, and Court orders, unlike other clinics, where they are referring to respective people.
- The costs that have increased are primarily towards the legal and government charges and due to multiple legal compliances and approvals, the overall cost of surrogacy has gone up.
- By keeping all the services under one roof ( legal, medical, admins, evaluations, approvals) we save your time and money and make your surrogacy journey a hassle-free experience. (no need to come in person) .
- Surrogacy in India is much more affordable and all-inclusive
To confirm all this, can you provide the below detail to see if we can assist you with surrogacy in India legally?
- Female Partner Age:
- Male Partners Age:
- Citizenship:
- Marital status:
- Any child?:
- Medical reason for surrogacy:
- Self or donor cycle:
- Present location:
If you are not eligible for surrogacy in India, we can offer it in other countries as well. We are happy to set up a consultation call to discuss your options and further assistance if needed.
Additional guide for India surrogacy laws:
Cost of Surrogacy in Mumbai: Affordable Options
Top 5 Best Surrogacy Doctors in Mumbai With High Success Rate (2023)
Best IVF Centers in India – IVF Conceptions
Is Surrogacy in India For Overseas Citizenship of India (OCI) Allowed
Latest Surrogacy Law in India- Surrogacy (Regulation) Act, 2021
Is Surrogacy for NRI in India Allowed?
How to Find Surrogate Mothers in India
How Much Does Surrogacy Cost In India ( in 2024)?
Legal Issues Related To Surrogacy In India
Surrogacy In India-Everything Parents Need to Know
Top 10 Surrogacy Doctors in India With Affordable Surrogacy Costs
Why Choose IVF Conceptions for Surrogacy in India for OCIs and NRIs for Surrogacy Treatment in India
- Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience.
- I would like to get a chance to work with elite fertility clinics/agencies that have a proven track record, with references from existing IPs/ Affordable surrogates in India
- Option of choosing multiple egg donor options- Asian, Caucasian, African, Orienta,l etc.
- All transparent financial transactions with affordability. You make a direct payment with no additional fee on top.
- No hidden agent fee or surprise cost later on. All fees are paid directly as per the agreement signed with the service provider.
- Dedicated case manager to each IPs.
- Honest, transparent, and quick communications.
- Assistance in all legal matters about visa and the taking baby home process. International surrogacy lawyers.
- Local support with access to all medical reports of egg donors and surrogate mothers.
- Assistance in all logistics of frozen sperm/embryo shipments.
- Last but not least, we have years of experience in coordinating delicate surrogacy programs with great personal care.
- Legal procedure for surrogacy in India
Surrogacy Cost in India with a breakdown of services.
So, how much does Indian surrogacy cost? Let’s discuss this in great detail below.
| Surrogacy Cost Component | Typical surrogacy Price in India | What’s Covered |
| IVF Treatment | 1.5 – 2.5 lakh rupees per cycle (most couples need 2 cycles) | Includes medical procedures and medications for egg retrieval and fertilization |
| Surrogacy Fees | 4 – 8 lakh rupees | Compensation to the surrogate mother |
| Agency/Clinic Fees | 1 – 2.5 lakh rupees | Professional fees for surrogacy agency or fertility clinic handling arrangement |
| Legal Fees | 50,000 – 100,000 rupees | Lawyer’s fees for drafting contracts between parties |
| Other Costs | 1 – 2 lakh rupees | Cover additional expenses like medical insurance, embryo storage/shipment, screening tests |
| Legal approvals | 4- 6 lakh rupee | The cost of legal approvals and compliance and NOCs before starting medical procedure. |
So, the total Surrogacy package cost in India is 25 – 35 lakh rupees. However, it is known that the price of surrogacy in India is much less when compared to other surrogacy countires.
Final Thoughts: Is Surrogacy in India a Good Option for OCI Holders?
Surrogacy in India is an affordable and legally secure option for OCI holders who meet strict eligibility criteria. While the process is complex, it remains one of the most budget-friendly alternatives compared to the USA, Canada, or Georgia.
📌 Need Expert Guidance on OCI Surrogacy? 📩 Get a free consultation with a surrogacy expert today!
🌍 Website: www.ivfconceptions.com
📧 Email: neelam@ivfconceptions.com
📲 WhatsApp/Viber/Line: +91-8800481100
FAQs Surrogacy in India for Overseas Citizenship of India (OCI)
If we are a childless couple of foreign origins and wish to have a baby in India through a surrogate mother, are we allowed to do so?
Kindly refer to MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015: (Foreign nationals [including Overseas Citizen of India (OCI) cardholders.
As per this circular, currently, NO VISA is being issued by Indian Missions to foreign citizens to come to India for commissioning surrogacy. As of now, only Indian citizens are allowed to do surrogacy in India.
What are the surrogacy-related rules for OCI Cardholders?
As per the MHA’s circular no. 25022/74/2011-F.1 (Vol. III) dated 3 November 2015, no permission is to be granted by FRROs/FROs to OCI cardholders to commission surrogacy in India.
Besides this, no exit permission is given by the FRROs/FROs to the babies born through surrogacy in India for foreign citizens including OCI cardholders.
But it is worth mentioning that for babies born through surrogacy already commissioned on or before the issue of the Circular, exit permissions are given by FRROs/FROs on a case-to-case basis.
Is surrogacy in India for NRI (Non-Resident Indians) allowed?
Yes, if they are Indian passport holders. But they are OCI/PIO, it is advised to contact our case manager to discuss your specific case.
Can OCI get surrogacy in India?
Yes, OCI (Overseas Citizenship of India) cardholders can avail themselves of surrogacy services in India. They are allowed to come to India for commissioning surrogacy without needing a separate Medical Visa. However, they must obtain special permission from the concerned Foreigners Regional Registration Office (FRRO) before proceeding with the surrogacy process.
As per the new surrogacy regulation bill dated Dec 2021, please check your eligibility for surrogacy in India.
Can NRI opt for altruistic surrogacy in India?
Yes, NRIs (Non-Resident Indians) can also opt for surrogacy in India. The rules and regulations regarding surrogacy for NRIs are similar to those for OCI cardholders.
Who is not eligible for altruistic surrogacy in India?
Indian citizens, OCI cardholders, and NRIs are eligible for surrogacy in India, there are certain eligibility criteria that must be met. The couple seeking surrogacy should be duly married, and their marriage should have been sustained. Additionally, other foreign nationals who are not OCI cardholders or NRIs may not be eligible for surrogacy in India under the current regulations.
Is surrogacy legal in India for Indian citizens?
Yes, surrogacy is legal in India for Indian citizens. However, the surrogacy laws in India have undergone several changes over the years.
The Indian government has implemented stricter regulations to prevent commercial surrogacy and to protect the rights of surrogate mothers. As of my knowledge cutoff in September 2021, Indian citizens can still opt for surrogacy in India under specific circumstances and in compliance with the prevailing legal guidelines.
Is surrogacy for Indian parents possible in India?
Yes, possible but each case cannot be accepted. Please get in touch with us to discuss your specific case.
Is surrogacy legal in India for foreigners?
No, surrogacy is not legal for foreigners but is allowed for OCI card holders if they fulfill other conditions as per the Surrogacy Regulation Act 2021. But other surrogacy abroad options are possible if needed. However, surrogacy in India for NRI is possible if they meet all other conditions.
Q: Is commercial surrogacy banned in India?
A: Yes, commercial surrogacy is banned in India under the Surrogacy (Regulation) Act, 2021. Only altruistic surrogacy is allowed for Indian citizens, with restrictions on compensation and eligibility. Foreign nationals, NRIs, and PIOs are prohibited from accessing surrogacy in India.
Q: Is surrogacy illegal in India? Surrogacy in India is legal or not?
A: No, surrogacy is not illegal in India. However, the Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy for Indian citizens under strict conditions. Commercial surrogacy and surrogacy for foreign nationals, NRIs, and PIOs are prohibited.
Q: Is surrogacy legal in India? What are Indian surrogacy laws?
A: Yes, surrogacy is legal in India but only in an altruistic form under the Surrogacy (Regulation) Act, 2021. It is allowed for Indian citizens who meet specific criteria, while commercial surrogacy and surrogacy for foreign nationals are prohibited.
Single-man surrogacy legal countries?
Single-man surrogacy legal countires are the USA, Colombia, Mexico, and Argentina and some unregulated countries are Ghana, Kenya, and Cyprus.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
About IVF Conceptions: Your Trusted Partner in International Surrogacy
At IVF Conceptions, we bring over 15 years of experience in the fertility and international surrogacy domain, providing trusted guidance to more than 4,000 intended parents across the globe. We specialize in offering secure, legal, and affordable surrogacy solutions tailored to the unique needs of all family types—single parents, gay couples, and heterosexual couples alike.
Our team is led by experts with extensive experience in holistic infertility consulting and third-party reproduction. We are proud members of leading industry organizations such as the European Fertility Society (EFS) and the European Society of Human Reproduction and Embryology (ESHRE), ensuring that our practices align with the highest ethical and professional standards.
Committed to empowering intended parents with accurate, up-to-date, and compassionate guidance, IVF Conceptions stands as a beacon of trustworthiness, expertise, and authority in the surrogacy field. Through our meticulous approach and unwavering dedication, we aim to help families grow with integrity, care, and love.
More Resources:
- American Society for Reproductive Medicine (ASRM): https://www.asrm.org/
- The American Infertility Association (AIA): https://resolve.org/
- Family Equality Council: https://www.familyequality.org/
- National Center for Lesbian Rights (NCLR): https://www.nclrights.org/
- Ministry of External Affairs (India) – OCI Guidelines (https://www.mea.gov.in)
- Surrogacy (Regulation) Act, 2021 PDF (https://legislative.gov.in/)