Overseas
Citizens of India (OCIs) and Persons of Indian Origin (PIOs) can fly
to the country without a medical visa for commissioning surrogacy.
Foreigners will, however, have to continue obtaining a visa.
A
Home Ministry order says a couple with an OCI or PIO card, married for
at least two years, would have to take permission only from the
Foreigners’ Regional Registration Office (FRRO) or the Foreigners’
Registration Office (FRO). They must, however, carry a letter from
their country, issued by the Foreign Ministry or the Embassy here,
saying it recognised surrogacy and that the child born thus would be
permitted entry as the couple’s biological offspring.
The
couple should furnish an undertaking that they would take care of the
child. Treatment should be done only at registered assisted
reproductive technology clinics recognised by the Indian Council of
Medical Research. The couple will have to produce a notarised agreement
between them and the prospective surrogate mother.
Before
granting the child exit, the FRRO/FRO will confirm that the couple had
taken the required permission and certificates for commissioning
surrogacy, and liabilities due to the surrogate mother have been
settled. The office will retain a copy of the birth certificate.
The
wife of a foreign national or an OCI/PIO cardholder who is not
involved in the treatment may not require a specific medical visa.
The
OCI card is issued to foreign nationals who were eligible to become
citizens of India on January 26, 1950, or were Indian citizens on or
after that date with eligibility based on lineage. The PIO card is
issued to a person of Indian origin who is a citizen of any country
other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China
or Nepal or who has held an Indian passport at any time or is the spouse
of an Indian citizen or a Person of Indian Origin.
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