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For Overseas Citizens of India (OCIs), India is a premier destination offering a unique combination of:
Best International Medical Standards
Clinics like Zoi Fertility utilize embryology labs and protocols that match or exceed success rates found in the US and Europe.
Legally Secure Environment
The Surrogacy (Regulation) Act, 2021 has replaced the "gray or illegal market" with a clear regulation, transparent system. While the process is rigorous, it provides intended parents with legal certainty and protects the rights of all parties involved.
Ethical, Altruistic & Legal
The altruistic model ensures that it is legally and ethically right for the surrogate mother and your parenthood journey is based on care and right practices, with no exploitation involved.
Cost-Effective Programs
India continues to offer advanced reproductive technology at a fraction of the cost compared to the West.
OCI surrogacy can feel overwhelming — not because it is uncertain, but because it involves multiple permissions, files move across many authorities, and high emotional stakes.
It is normal to worry about questions such as:
1. Is OCI Surrogacy Is the Same as Resident Indian Surrogacy?
One of the biggest misconceptions is that OCI cases follow the exact same pathway as resident Indian couples.
In reality: OCI surrogacy involves additional scrutiny; Jurisdiction must be clearly established; National-level confirmation is required before treatment can proceed.
What to do instead: Work with a clinic that understands the OCI-specific pathway, not just general surrogacy approvals.
2. Is the National Board Permission Mandatory ?
For OCI couples, approvals do not stop at the state or district level. A National Assisted Reproductive Technology and Surrogacy Board recommendation is a critical step before treatment initiation. This step is often misunderstood, delayed, or entirely missed when couples rely on incomplete advice.
What to do instead: Ensure your application is structured correctly for national-level review, with proper sequencing and documentation.
3. What is the process for Immigration & Exit Formalities?
Many OCI couples focus entirely on pregnancy and delivery, without preparing for what happens after the child is born. Exit permissions, immigration clearance, and coordination with authorities such as FRRO and MHA are not automatic and require Correct documentation, Legal clarity on parentage.
What to do instead: Plan exit formalities well in advance, not after delivery
4. Not Anticipating Cross-Authority Communication
OCI surrogacy cases often involve communication between: State health authorities, District medical boards, National boards, Immigration and home affairs departments. Any lack of clarity can result in delays, confusion, or unnecessary anxiety.
What to do instead: Choose a centre that can represent, explain, and clarify your case to authorities when needed.
5. Can Medical Treatment start Before Legal Readiness
Some couples assume that medical procedures can begin while approvals are “in process.” For OCI cases, this can create serious legal complications.
What to do instead: Medical treatment should begin only after all required approvals and clearances are fully in place. Refer to the detailed OCI surrogacy process page for step-by-step clarity.
In one of the earliest OCI surrogacy cases where the baby was born in India and prepared for international travel, exit procedures were not clearly defined at the time.
Our Zoi Fertility patient’s file was escalated to the Ministry of Home Affairs (MHA). Our legal team represented the case, provided detailed explanations, and addressed the concerns raised by authorities. After thorough evaluation and clarification, the MHA issued guidance to the Mumbai FRRO to grant exit visas. The baby was able to leave India smoothly and legally, with all documentation in place.
This experience highlights the importance of:
Our role is not just to complete a medical procedure, but to walk with you through a complex journey with confidence and calm.
Ask Questions about OCI Surrogacy in India
She will be a willing healthy Indian woman (25-35 years old) who is married with at least one child of her own. Unlike older rules, she does not need to be a close relative. She is a “willing woman” who helps altruistically, meaning she is not paid a salary, but her medical, nutritional, and insurance costs are fully covered by you.
Yes, but with conditions. Under the latest amendments, if a medical board certifies that one partner has a medical condition preventing the use of their own gametes, you are permitted to use one donor (egg or sperm). However, the child must be genetically related to at least one parent (e.g., Husband’s Sperm + Donor Egg).
No. Even though born in India, the baby will not be an Indian citizen. The child assumes the citizenship of the parents. You will need to apply for your country’s passport for the baby immediately after birth, followed by an exit visa from the Indian FRRO to leave the country.
From your first consultation to taking your baby home, the process typically takes 15 to 20 months. This includes the time required for medical workups, National Board legal approvals (which can take 3-5 months alone), pregnancy, and the final exit formalities.
Yes. Physical presence is usually required at specific stages such as legal verification, court proceedings, and documentation.
No. Medical treatment can begin only after all required approvals and clearances are fully in place.
