Lilypie - Birth Tracker

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We have embarked on a life-long journey to become a family. In June 2013, we have brought home two beautiful babies. Our family is now complete and our marriage formally recognized by state and federal laws.

Sunday, February 3, 2013

Indian surrogacy for unmarried or same sex couples & single individuals -- Update

Update: I came across this info this week from a Facebook page with regard to the "new" guideline.
"All the clinics have been asked to furnish a list of Commissioning Parents i.e. the ongoing cases to FRRO by 18th February 2013 for their review including the list of frozen embryos and frozen samples. Also stating the stage at which they are pending. The ART registration case and the date of the legal agreement to be prepared would be taken up by the FRRO head with Ministry of External Affairs."
-- Surrogacy Laws Facebook.

This info suggests that everyone who commissioned surrogacy prior to the new guideline will be accepted by FRRO. It would be good to have this info written in "black and white" and disseminated by the FRRO.

I hope that the clinics pressure the Indian parliament to pass the ART Bill very soon.

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Several new parents have blogged about their recent negative experience going to the FRRO. They are lucky, though, to have gone through the hoops, and are now back in their respective countries. I wanted to thank these new parents for sharing their thoughts and experiences on their blogs as it will help others deal with the FRRO.

For some of us who are yet to encounter the nightmare, let's hope no "new" rules will be given by the "Ministry of Bigotry Affairs" for the exit visa requirements. To prepare for the requirements, I suggest you visit the FRRO website. You will need to take note of what you need to bring to the FRRO to get the exit visa. Needless to say, make sure you satisfy your home embassy's requirements first before worrying about the FRRO. Anyway, below is the link of the checklist:

Are you considering "commercial" surrogacy? If so, you need to make sure your country allows surrogacy in general. There had been situations in which a person or couples commissioned surrogacy and then the child got stuck in India because their home country denied citizenship to the child, since surrogacy is illegal in their home country (especially commercial surrogacy). This seems to have been an issue in some ART clinics in India, and therefore one of the motivating factors to pass a bill (draft ART Regulations Bill 2010). It's not a law yet, but the Ministry of Home Affairs recently submitted a guideline to embassies and consular offices worldwide that is discriminatory to say the least. Read my previous blog for more info.

Note: I am neither endorsing any lawyer(s) nor providing legal advise for anyone. I also have no connections whatsoever with any business or legal entities in India. I just want to share any info so that you could make an informed decision on whether or not to commission surrogacy in India.

Good luck to all future Intended Parent or Parents!



14 comments:

  1. Guys - we just went through the FRRO experience, its not as bad as I was lead to believe, 3.15hrs and we were out of there. Compare that to the other 13 days in Delhi, it was a breeze. If you have a positive attitude its ok. No one has ever been rejected or denied or declined or whatever. End of the day you walk out with a stamp in your childs passport and you never go back or look backwards.

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    1. Thanks for sharing your experience Pete. It's good to have a positive attitude and healthy skepticism. :)

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  2. Hi K-A, yes this is an issue that stresses all of us out. Great to hear that Aussie Pete had a good experience at the FRRO, but I wonder if that is because his baby process commenced before the announcement of the enforcement of the rules? If so, that bodes well for you as well. Fingers crossed! Hubby and I will be going in on an OCI visa, but it will be clear that we're a gay male couple, so who knows? I like Aussie Pete's attitude though, so I think I will adopt it.

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    1. Hi N, went through on Wednesday just gone. Helped that my wife and 5yr old were with me (as well as bub). FRRO are just under paid bureaucrats trying to do a shitty job and thats mainly keeping Afgan's and Africans on dodgy visa's out of India. They certainly looked down their noses at the single parent (gay or otherwise). When you get there your child is already a citizen of your country and will hold a valid passport of your country. They CANNOT stop you leaving India. I wish you well. Its been a miracle and dream come true for us. Pete

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    2. It's not surprising that the FRRO gives single parents (mostly likely gay) a hard time. It's unfortunate, but you just got to deal with it. Congrats to your new family Pete. Let's hope that N and the rest of us won't encounter difficulties. Cheers!

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  3. Hi all.

    Greetings from Pune, another Aussie here in India.

    I have been hiding out here in Pune, for the last 3 weeks, as I was expecting (Damn was I wrong) a birth around 36 weeks. Well, apparently they are looking at a birth of my twins at 38 weeks now, which is the top end of a twin pregnancy expectancy range.

    I have been following blogs with regards to these new bigotry rules, so I am glad to have found this one, each new bit of information adds to my reassurance that I am eventually going to get home to Melbourne. Thanks for the Information everyone.

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  4. G'day Brian. It's good to have 38 weeks as the baby will be more developed, ready to face the challenges. :) We got lucky in some ways in that the new guideline will not be applied to those of us who have already commisioned surrogacy. I feel bad for new IPs, though. Well, it's nice to connect with you here. Maybe when I visit my family in Melb, we can have a play date with the kids. Cheers!

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  5. Yeah, I think you can gain access to my email address from here, let me know if you cannot.

    Regards.
    Brian

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    1. I clicked on your name and it brought me to Google+ so I added you to my circles. Not sure if I can actually email you, though. You can email me at: nitrosylate@yahoo.com

      I have family in Croydon and in Balwyn, and we plan to bring the twins to Oz before they turn 2 years old.

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  6. This comment has been removed by a blog administrator.

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    1. Hi Kanwar, sorry I accidentally deleted your post. As far as I know, having an OCI visa doesn't make it easier for you to bring the baby home. As long as you have commissioned surrogacy prior to 18 Feb 2013 and that the clinic has submitted your name to FRRO, then you will be fine without a medical visa.

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    2. Kanwar's post:

      Hey guys, it is interesting to read the blog here. I have a question and I hope someone may have an answer. I have an aussie passport and I am eligible for an OCI card. My partner and I are planning to have a surrogate child from India. I am aware of the new rule andthe frustrtaions of the same. Given that I will have an OCI, will that help me to bring my surrogate bub back?

      Do I still need to get a medical visa for India if I have an OCI?

      Thanks

      K

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    3. I am trying to find out the same does having oci mean you do not need medical visa for surrogacy, and also what happens if the clinic has not put your name on the list for ongoing treatment or frozen sperm/embryos?

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    4. No. OCI as far as I know doesn't exempt anyone for the surrogacy process. You should inquire at FRRO and talk to your clinic. The clinic should have put all the names of those who have commissioned surrogacy. I don't know the consequence if this doesn't happen, but again, it helps to find out with the clinic.

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