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Can OCI get surrogacy in India?

Yes, OCI (Overseas Citizenship of India) cardholders can avail 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 going ahead with the surrogacy process.

The Surrogacy (Regulation) Act, 2022, offers a comprehensive framework to oversee surrogacy arrangements in India. Let us delve into its key provisions:

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 other country citizenship. Thus, Surrogacy for foreigners in India is not allowed and only Indian citizens and OCI card holders can do surrogacy in India.

Surrogacy in India is permissible for Non-Resident Indians (NRIs) if they hold Indian passports.

If an individual of Indian origin is no longer an Indian citizen but holds Overseas Citizenship of India (OCI) or Person of Indian Origin (PIO) status, they have the advantage of being able to come and work in India by virtue of their origin or birth in India.

An Overseas Citizen of India (OCI) is not considered a citizen of India, which entails certain limitations such as the inability to vote, hold constitutional offices, or purchase agricultural properties. To apply for an OCI document, the individual must be a citizen of another country and possess a passport from that country, except for Bangladesh or Pakistan.

If you are a foreign passport holder you can apply for a OCI card online

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To complete FRRO registration

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