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Surrogacy in India Surrogacy in India
Web-blog of Indian Surrogacy Law Centre
  • Jan Balaz case Jan Balaz case
    supreme court of india rules german couple must adopt the child born through surrogacy and birth certificate shall carry name of surrogate mother
  • Queensland decriminalizes Altruistic Surrogacy Queensland decriminalizes Altruistic Surrogacy
    Queensland passed the was the last state in Australia to have decriminalized surrogacy arrangements. After seventeen hours of heated parliamentary debate, altruistic surrogacy was finally decriminalized in Queensland. The law is applicable for heterosexual, same sex couples and sole parents as well. An opposition Act was mooted that provided which considered surrogacy for same sex couples an offence. The opposition Act though debated, failed to be passed. All opposition towards homosexual couples and single parents using surrogacy was slammed. It would have been highly discriminatory had Queensland not permitted altruistic surrogacy for same sex couples and single parents, allowing it only for heterosexual couples.
  • Michigan couple lose their child to surrogate mother Michigan couple lose their child to surrogate mother
    Amy Kehoe and Scott – a couple from Michigan were trying for a child. Amy underwent miscarriage thrice and was medically advised surrogacy. The couple had found a surrogate mother named Shelly Baker from Detroit. Shelly Baker had four children and had already been a surrogate mother twice. The couple entered into a surrogacy agreement [...]
  • Indiana court to decide in vitro baby’s legal mother Indiana court to decide in vitro baby’s legal mother
    The Indiana Court decided a very interesting point on surrogacy which is quite on debate all over the world. The question is who should be considered to be the legal parents of the child born through surrogacy. A 11 month old baby referred to as ‘Infant R’ in Court Documents was conceived by In-Vitro Fertilization using [...]
  • US Consulate denies American citizenship to child US Consulate denies American citizenship to child
    I learn from a news report, Times of India, Chennai Edition dated January  25th 2010 of a strange case involving an American Couple where the American Consulate had denied citizenship to a child which was not genetically related to the Intended Mother. The intended mother reportedly had taken recourse to adoption for taking her [...]
  • Parliament soon to enact Surrogacy Law Parliament soon to enact Surrogacy Law
    The Solicitor General of India, Mr. Gopal Subramanian had informed the Supreme Court that the Government is presently considering the legal and moral aspects of surrogacy in India, and the law on surrogacy is expected soon. The German couple is left with the only option of adopting the twins, so that they could be taken to Germany, where surrogacy is an offence but international adoptions are allowed. The couple’s lawyer Nageswara Rao said inter-country adoption was cumbersome and time-consuming and it would be another five-six months before the couple could take the children home legally. The Supreme Court reminded the Government of India that the children of Mr. Jan Balaz are already in India for almost two years now and that the Government needs to act speedy with regard to children's case. Mr. Gopal Subramanian also informed the court that he had sent a letter to the Union of India over the issue and that he expects a speedy returns for the same.
  • Updates on Jan Balaz Case Updates on Jan Balaz Case
    Mr. Jan Balaz, the petitioner in the case pending before the Supreme Court had submitted before the Supreme Court that he shall be submitting his passports before the Indian Consulate in Berlin. He also agreed that a NGO in Germany shall respond back to India on the status of the children and their welfare. The [...]
  • The Telegraph writes on Indian Surrogacy Law Centre The Telegraph writes on Indian Surrogacy Law Centre
    The Telegraph had written an article on surrogacy recently making reference to the work done by Indian Surrogacy Law Centre in the legal issues. The link to the article may be found here.
  • Updates on Jan Balaz Case Updates on Jan Balaz Case
    I am making this post partly from the Supreme Court of India. I flew down from Chennai to here for attending the case of Union of India vs. Jan Balaz. The case was posted before the Bench consisting of G S Singhvi and A K Ganguly. The Solicitor General of India, Mr. Gopal Subramanian unfolded India’s stand that India is unable to grant Indian Citizenship to a children merely for the purpose of taking them to their homeland. Moreover, he wanted Mr. Jan Balaz to unconditionally submit to the Apex Court’s Jurisdiction even if he gets outside India. Senior Counsel Mr. Rao said he shall undertake to fulfill all conditions as imposed by the Union of India in order to take his children back to his nation. The case is next posted for hearing on the 4th January 2010. There are lots of unanswered hitches which are to be decided by the Supreme Court of India. Meanwhile, Indian Surrogacy Law Centre is still deciding it’s modalities of contributing for this case. I shall write on this subject more when there is an improvement.
  • Updates Updates
    Guajrat High Court decides that Indian Surrogate Mother is the Legal mother of the child India’s First Suit for parental order was dismissed by the Civil Court at Anand decision Gujrat High Court Union of India Supeme Court of India.

    • American Intended Parents

    The two most favourable destinations in the world for surrogacy are India and the United States of America. These two nations have a relaxed legal position, allowing commercial surrogacy. While at the United States, there exists specific legislations controlling and regulating commercial surrogacy, India has lately come out of the shell with the Apex Court of India recognizing commercial surrogacy. Since commercial surrogacy is allowed in both the nations, India has is having a large number of Intended Parents from United States of America. The three main factors which have caused this change are:

    •     Favourable legal position for commercial surrogacy in both the nations
    •     Well settled position to obtain the citizenship for the child
    • Cost effective procedures

    Though the first two of the above are the main factors that make the probability a possibility, it is the third factor that determines the Intended Parents take this conscious decision for choosing India for surrogacy. The surge in the number of American Intended parents is the direct result of the cost effective treatment in India. Though commercial surrogacy has been available at the United States of America for a very long period of time, it is has been accessible for only those who can afford that astronomical sum of money for the medical treatment, the surrogate mother and the lawyer. The total expenditure for surrogacy in India is usually lesser than half of what it would cost in the United States. Now, surrogacy in India is a better option for every American Intended parents, who cannot take up this process in U.S. 


    Taking the Child to America 

    The process of obtaining citizenship for the child born out if surrogacy in India is simple. This is surely one of the most contributing factors for the increasing number of Intended Parents choosing India as their Fertility destination. On the birth of the child, the parents of the child would be required to follow the process to register the birth of the child born outside America.
     
    Intended Parents can either approach the Consulate of the United States at Mumbai, Delhi or at Chennai. The child requires a passport, a consular report of birth abroad (CRBA), an affidavit of presence in U.S and a social security number, so as to be granted citizenship. The social security number may be obtained at the United States. Within 42 days of the child’s birth it is required that it must be registered locally in India.
    Generally the process takes about 10 days after which the passport and the CRBA shall be mailed. The social security shall be sent by the social security administration, this generally takes around three to six months. The birth or adoption certificates should contain the original seal or signature of the official custodian of that document. Church records or other photocopies do not constitute primary evidence. Only original documents are entertained which must be in English. 
     

    Requisites for taking the services of the Consulate of the United States

    • Services are provided only through appointments which can be fixed online.
    • It is mandatory that the new born child must be present at the time of making the application
    • The child’s local registration certificate must be produced
    • The American intended parents must produce their original American passport
    • It is also necessary that the original marriage certificates of the American intended parents must be presented. In case of divorce or death of spouse original divorce or death certificates need to be submitted.
    • At times, the term during which the American intended parents lived in America shall determine the acquisition of citizenship by the child. Hence evidence supported by school transcripts, tax records can be submitted.
    • Where the child is born out of a wedlock evidence may be required with regard to the physical presence of the biological parents at the time of consummation which shall include passport, leases etc.
    • Two identical photos are required in 2” into 2” size having a white background. It is essential that the child’s eyes must be open in the photo.
    • US $65 is charged for the CRBA and US$85 is charged for the passport.

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