Tuesday, 30 July 2013

No guidelines for surrogacy for applying passports!!


each country where surrogacy is legal does have an application process for applying for a passport for a newborn post birth.
we at the Kiran infertility centre have helped couples from more than 21 different nationalities have babies through our surrogacy program.
during the past four years our legal team have learnt the process involved in applying for these passports and now they can safely say that they are well versed with the process.
there are different laws for each country and it is clearly spelt out on the websites of these countries.
for example the Process for the USA which is the most common is clear and more information can be gathered by writing to them on HydACS@state.gov
similarly there are different application process for different countries like canada,Uk,Spain,Brazil etc.for countries where the process is not outlined clearly our lawyers or the intended parents themselves write to the respective consulates before entering into a surrogacy agreement.
some consulates take less time to issue passports for the newborns(usa-2 weeks)some take an abnormally long time-Uk-(2 to 6 months) since they have different process if the Surrogate mother is single and a different process if she is married.
obviously if a foreign couple does have a baby through surrogacy in India then they atleast one of the parent has to prove a genetic link to the child via DNA test.only in such a scenario will the Designated country issue a passport for the newborn.
the problem arises when the intended parents dont do a background check and approach clinics or surrogacy centres in india who are not well versed with the legal process.they do not realise that the newborn will be subjected to a DNA test post birth in a majority of the cases and often do a complete embryo donation when they are not able to get the desired results using gametes from the parents themselves.this leads to a legal imbroglio because the Country of intended parents will refuse to give a passport and the Indian Govt can only issue a passport if the parents can legally adopt the child which can be done only on Humanitarian grounds maybe only after  a court directive/order is obtained.
so its important for Intended parents who wish to pursue surrogacy in India to perform a proper background check of the place they have selected for having their baby through surrogacy.
Dr.samit sekhar