Understanding Altruistic Surrogacy Laws in India for OCI Cardholders
Surrogacy in India has undergone major legal changes in
recent years, with the government introducing the Surrogacy (Regulation) Act,
2021 to ensure ethical and transparent practices. One of the most discussed
aspects of the law is its applicability to OCI (Overseas Citizen of India)
cardholders — individuals of Indian origin living abroad who wish to build
their families through altruistic
surrogacy in India.
What Is Altruistic Surrogacy?
Altruistic surrogacy refers to an arrangement where a
surrogate mother carries a child for the intended parents without receiving any
financial compensation, apart from medical expenses and insurance coverage.
This form of surrogacy is based on compassion, typically involving a close
relative of the intended couple as the surrogate.
Can OCI Cardholders Opt for Surrogacy in India?
Under the Surrogacy (Regulation) Act, 2021,
commercial surrogacy is completely banned in India. However, altruistic
surrogacy is permitted for certain categories of people. As per current
guidelines, only Indian married couples, Indian-origin couples with OCI cards,
and Non-Resident Indians (NRIs) who meet specific eligibility criteria can opt
for altruistic surrogacy.
OCI cardholders must:
- Be legally
married for at least five years.
- Have
a medical certificate of infertility from a recognized medical board.
- Engage
a surrogate who is a close relative and has previously given birth to a
healthy child.
- Ensure
that no financial transaction (beyond medical costs) is made.
Legal Framework and Documentation
Before proceeding, intended parents with OCI cards must seek
approval from the appropriate national or state surrogacy board. The process
involves:
- Medical
screening of both the surrogate and intended parents.
- Legal
agreements confirming no financial exchange.
- Registration
and approval from the competent authority before embryo transfer.
All surrogacy procedures must take place in a registered
surrogacy centre, such as the best surrogacy centre in Delhi, which ensures
compliance with legal, ethical, and medical standards.
Why Choose Surrogacy Centre India?
Surrogacy Centre India offers expert guidance and end-to-end
support for OCI cardholders exploring altruistic surrogacy. With a focus on
compassionate care, legal clarity, and ethical practice, the centre helps
intended parents navigate every step of their surrogacy journey in compliance
with Indian laws.
Conclusion
Altruistic
surrogacy in India for OCI cardholders provides a ray of hope for many
couples wishing to start a family. Understanding the legal requirements,
eligibility, and ethical framework is crucial to ensuring a smooth and lawful
process. With the support of reputed fertility institutions like the best surrogacy centre in Delhi,
OCI couples can fulfill their dream of parenthood responsibly and confidently.
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