There is a huge emotional experience of having a baby abroad. Now, throw in Indian surrogacy laws and it might feel like walking around a maze without a map. For all the people at Ekmi Fertility where we speak with OCI cardholders and NRIs every week, they want one thing only, a straight answer? So here it is.
Indian Surrogacy Laws – Who all are Eligible?
The Surrogacy (Regulation) Act 2021 changed the landscape significantly, however it didn’t slam the door shut on OCI cardholders and NRIs. Here’s where things stand:
- Altruistic surrogacy is available to married Indian couples (married 5years+)
- With some extra documentation, NRIs with Indian passport can also easily apply
- OCI cardholders can proceed through surrogacy with proper legal guidance
- Same-sex couples and single people are legally prohibited right now
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As commercial surrogacy is banned, the surrogate has to be a close relative and is only allowed after certain pre-registration
Practically, OCI cardholders do not get disqualified by default. It just takes more meticulous paperwork and some well-set legal groundwork before anything happens. Our team helps you to exactly prepare for that.
Major Difference Between OCI and NRI Status
NRIs hold Indian passports. OCI card holders are the holders of a foreign passport with a lifetime visa. Although this distinction is important under Indian surrogacy laws, it does not mean that a certain category of foreign citizens the OCI cardholders are out of possibilities.
The process is quite simple for NRIs if the residency and marriage criteria are fulfilled. If you hold an OCI card, the route will necessitate a well-structured legal assessment in the first instance and often IVF is the most expedient and advantageous way to parenthood. Either way, you will not be doing this on your own.

Where IVF Fits In
One thing that a lot of people do not know: most couples who reach out to us to determine their eligibility for surrogacy also qualify first for IVF, and that’s a good thing! If the intended mother can physically carry a pregnancy, IVF is always explored beforehand.
Importantly, IVF does not have legalities like surrogacy. Which means NRIs and OCI cardholders alike can access it as a citizen. It’s also considerably more affordable. Our fertility specialists at Ekmi Fertility do a complete medical evaluation before suggesting any trajectory. No assumptions, no shortcuts.
Understanding the Cost
How much does surrogacy cost in India? At Ekmi Fertility, we believe affordable surrogacy shouldn’t mean cutting corners. All of our surrogacy packages below are ethical, transparent and include; medical, legal and coordination support.
- IVF cycles: with fewer makes an attempt and, therefore less costly
- Cost of surrogacy: higher as it requires medical, legal and surrogate support
- We provide guaranteed surrogacy program to eligible couples
Ekmi fertility stands amongst the best surrogacy clinics in India because we don’t merely treat patients – we walk with them.
FAQs
Q: Do you need updates about IVF in India for OCI card holders?
Yes. IVF has no citizenship-based restrictions. India allows free access to IVF facilities in the case of both OCI and NRI patients.
Q: What are the documents you need for surrogacy in India as an NRI?
Usually, you need to have a valid Indian passport, marriage certificate for 5 years +, an infertility or medical proof (medical reports), etc. Your surrogacy doctor will walk you through all of it.
Q: How much does surrogacy cost in India?
Costs are dependent on the nature of your case. Ekmi Fertility has transparent and itemized surrogacy packages. There are no hidden charges.
Q: Is a guaranteed surrogacy program available for NRIs and OCI cardholders?
Yes, the guaranteed surrogacy program of Ekmi Fertility is available for NRIs and OCI cardholders. Review by our medical and legal team confirms eligibility.
To know more Call 9319737070 or email us at info@ekmifertility.com
