Legal & Immigration Help

U.S. surrogacy laws can benefit Indian parents in several ways, particularly due to the more structured and supportive legal framework for surrogacy in the United States compared to India. Here are some key points:

Legal Clarity and Protection

U.S. surrogacy laws are well-defined and vary by state, with some states being particularly surrogacy-friendly. This legal clarity provides Indian parents with a clear understanding of their rights and responsibilities, reducing the risk of legal disputes.

Enforceable Contracts

In the U.S., surrogacy agreements are legally binding and enforceable in court. This ensures that all parties—intended parents, surrogates, and egg or sperm donors—are protected by the terms of the contract, providing peace of mind to Indian parents.

Parental Rights:

In many U.S. states, intended parents can be recognized as the legal parents of the child even before birth. This is often facilitated through pre-birth orders, which can be crucial for Indian p

Citizenship and Immigration

Children born via surrogacy in the U.S. are automatically granted U.S. citizenship if at least one of the intended parents is a U.S. citizen. For Indian parents, this can provide additional benefits, including easier travel and potential future educational opportunities for the child in the U.S.

Medical Standards and Care

The U.S. has high medical standards and advanced reproductive technologies, which can be appealing to Indian parents seeking the best possible care for both the surrogate and the child. The rigorous medical screening and care protocols in the U.S. can also reduce health risks

Ethical Considerations

U.S. surrogacy laws often include provisions to ensure the ethical treatment of surrogates, including fair compensation, legal representation, and psychological support. This ethical framework can be reassuring for Indian parents who want to ensure that the surrogate is treated with respect and care.

Reputation and Reliability

The U.S. is known for its reliable and professional surrogacy agencies and legal experts. Indian parents may find comfort in working with experienced professionals who can guide them through the complex process with a high degree of reliability and success.

Avoidance of Legal Complications in India

India has seen significant changes in its surrogacy laws, including restrictions on commercial surrogacy and eligibility criteria for intended parents. By opting for surrogacy in the U.S., Indian parents can avoid these legal complications and uncertainties.

Overall, the combination of legal protections, high medical standards, and ethical considerations makes the U.S. an attractive option for Indian parents seeking surrogacy services.

Can OCI get surrogacy in India?

Yes, OCI (Overseas Citizenship of India) cardholders can avail surrogacy services in India. They are allowed to come to India for commissioning surrogacy without needing a separate Medical Visa. However, they must obtain special permission from the concerned Foreigners Regional Registration Office (FRRO) before going ahead with the surrogacy process.

The Surrogacy (Regulation) Act, 2022, offers a comprehensive framework to oversee surrogacy arrangements in India. Let us delve into its key provisions:

What is an OCI(Overseas Citizenship of India) Cardholder?

The Overseas Citizenship of India is an immigration position in which a foreign citizen of Indian origin can live and work in India indeterminately. Such people do not need to take any permission or visa for arrival, any time, for any number of days.

In August 2005, OCI was introduced by The Citizenship (Amendment) Act. According to the Constitution of India, an Indian citizen can only have one citizenship. So, if they are not allowed to hold Indian citizenship along with other country citizenship. Thus, Surrogacy for foreigners in India is not allowed and only Indian citizens and OCI card holders can do surrogacy in India.

Surrogacy in India is permissible for Non-Resident Indians (NRIs) if they hold Indian passports.

If an individual of Indian origin is no longer an Indian citizen but holds Overseas Citizenship of India (OCI) or Person of Indian Origin (PIO) status, they have the advantage of being able to come and work in India by virtue of their origin or birth in India.

An Overseas Citizen of India (OCI) is not considered a citizen of India, which entails certain limitations such as the inability to vote, hold constitutional offices, or purchase agricultural properties. To apply for an OCI document, the individual must be a citizen of another country and possess a passport from that country, except for Bangladesh or Pakistan.