OCI Cardholders & Surrogacy in India

Surrogacy Legal Protection for OCI Cardholders in India

If you are an OCI card holder hoping to build your family and considering surrogacy in India, then relax. You’ve come to the right place. And yet many couples contact us convinced that the law has closed its door on them. When in fact, it has just never been explained properly. Let’s fix that. The simple fact is this: Under the Surrogacy Regulation Act, 2021 and its 2024 amendment, Indian law allows eligible OCI card holders to pursue altruistic surrogacy in India.surrogacy for OCI card holders

Are OCI Holders Allowed to Have Surrogacy in India in 2026?

Yes. The Surrogacy (Regulation) Act, 2021 and its amendment in 2024 legally allows OCI cardholders for altruistic surrogacy in India. This is not a loophole or grey area. It’s a legal-defined path and we’re walking it with you.

altruistic surrogacy in India

Requirements for OCI Card Holders to Use Surrogacy Services in India

Intended parents:

  • Legally married heterosexual couple
  • Both intended parents hold valid OCI card
  • Proven medical infertility
  • Uses a donated gamete while keeping one parent genetically linked to the child
  • Surrogacy is legally recognised in the home country, and the child will be given citizenship

Surrogate:

  • Should be a close relative of the couple and not an agency or a stranger match
  • Married Indian women with own biological kid
  • Can only be a surrogate mother once in her life
  • No fees except medical expenses, insurance payments and costs related to the pregnancy are covered

Surrogacy Process for OCI Card Holders in India

surrogacy journey for OCI card holders

It may seem like a lengthy process, but you are not alone in this. At Ekmi Fertility, we have a team to manage the process and paperwork for you. You are only required to be present for 2 physical meetings, i.e. the Medical Board and State Surrogacy Board hearings. We will handle the rest. We only need your exit permit from FRRO & your visa approval at embassy.

Required Documents for OCI Surrogacy in India

documents required for OCI surrogacy

Cost of Surrogacy in India for OCI Holders? (2026 Estimate)

Altruistic surrogacy does not involve payment to the surrogate itself. The cost of a journey averages between 22 to 25 lakhs depending on your particular circumstance. This includes pre-natal care throughout your pregnancy, and additionally, compulsory surrogacy insurance, legal fees and other related logistics. Choosing the right clinic matters as much as your plan. This is why we have designed our guaranteed surrogacy program. Your surrogacy package includes unlimited embryo transfer attempts from day one. So, a problem doesn’t mean financially starting back from zero.

Surrogacy Treatment Component Estimated Cost (in INR) Details/ Inclusions
Initial Consultation & Screening 15,000 – 20,000
IVF Procedure 3,00,000 – 6,00,000
Legal approvals & Documentation Fees 3,50,000 – 4,00,000 Approvals from Surrogacy Board and Court that includes Drafting of legal surrogacy agreement, lawyer consultation, and court-related documentation.
Surrogate Mother Compensation 3,00,000-6,00,000 As per altruistic surrogacy model: covers medical care, health insurance, nutrition, and documented loss of wages
Surrogate Care & Accommodation 1,00,000- 3,00,000
Medications & Hormonal Support 1,00,000 – 2,00,000 IVF-related drugs, hormonal medications, and post-transfer support medications
Antenatal & Delivery Charges 1,00,000 – 3,00,000 Hospital stay, delivery costs (normal/C-section), and postnatal care for the surrogate.
Total Estimated Cost 12,50,000 – 25,00,000

FAQs

Q: Is surrogacy legal in India for OCI card holders?

Yes. OCI cardholders can pursue altruistic surrogacy under the Surrogacy (Regulation) Act, 2021 provided they meet the required marriage, medical and documentation criteria.

Q: Does the intended couple pay the surrogate?

No. Her fee is simply for all the medical costs, insurance and pregnancy-related expenses and she should be a close relative of the intended couple.

Q: What are the required documents?

Marriage certificate, valid OCI cards, passports and FRRO clearance, medical reports along with the eligibility certificates issued by various Boards.

Q: What does the guaranteed surrogacy program include?

No limit on embryo transfer attempts, ensuring you get as many shots at a healthy pregnancy as possible with no added financial stress.

To know more Call 9319737070 or email us at info@ekmifertility.com