Most people do not realize this when they first begin the process: the rules have changed. First, if you are holding OCI cards, here is what you need to understand before getting started. We have spoken to so many OCI families at Ekmi Fertility, and we have witnessed firsthand that the uncertainty and complexities around eligibility and surrogacy laws are very real – and stressful! So let’s clear it up.
Can OCI Cardholders Pursue Surrogacy in India?
The first question all of us ask is, and it must get a direct answer. The new law makes it less appealing as OCI cardholders are treated differently under the current surrogacy laws in India compared to Indian citizens. The Surrogacy (Regulation) Act, as it exists now, only allows altruistic surrogacy commissioned by Indian married couples. At present, OCI cardholders – including those with really strong Indian roots – have probably been far more foreign national regarding legal purposes of this law.
What this means practically:
- As per current regulations on surrogacy, OCI cardholders cannot commission surrogate in India
- Both persons intending to be married must be Indian citizens and have completed 5 years of marriage
- The surrogate mom has to be a relative: must volunteer, under 30 years old and with at least one prior childbirth
- Widowed or divorced women from India are eligible; single OCI holders must not apply
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All parties involved must obtain certificates from the appropriate State and National Surrogacy Boards
What OCI Cardholders Can Seek at Ekmi Fertility
Altruistic surrogacy is no longer an option for you, but that doesn’t mean it all has to end here. At Ekmi Fertility, our fertility specialist team provides advanced treatments to OCI cardholders in all areas of treatment:- IVF along with your own eggs, sperm, and donor support
- Egg donation in IVF helps women with low ovarian reserve or repeated failure
- Freezing embryos – so you save options in a changing situation
- Second opinions – on failed cycles completed overseas
This closely ties into surrogacy, and many OCI families pursue IVF with us while simultaneously working through their home country’s legal requirements for surrogacy.
Understanding Surrogacy Cost If Laws Change
This is what you can expect for surrogacy cost in India, if regulations change – and advocacy around OCI surrogacy rights continues:- Medical examinations and IVF cycles for creating embryos
- Surrogate health care, nutrition and insurance
- Affidavits, legal paperwork, and board approval
- Clinics fees throughout the entire surrogacy journey
FAQs
Q: I’m an OCI cardholder. But while you wait for the surrogacy amendment to pass, can I start IVF at Ekmi Fertility? Absolutely. Many OCI families choose to freeze embryos with us know that they will be available the moment legal pathways open up. Your fertility specialist will guide you in planning ahead. Q: Surrogacy laws governing the eligibility of OCI cardholder in India?The Surrogacy (Regulation) Act 2021, along with the rules framed under it, governs this information. Once you have your OCI, you are currently outside of the eligible intending couple definition – but this space is changing and we remain abreast of all movement on this matter.
