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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.

Wednesday, March 6, 2013

Truth, Lies, and an ABC Australia's Video -- Indian Surrogacy for same-sex or unmarried couples and single parents

I share my disgust with ABC Australia's Lateline (as reported by Kerry Brewster) due to the pathetic quality of the reporting, factual mistakes, and misinformation about the topic. Amani (Meg) has posted the link containing a video and article about it. Her post dissects the many mistakes on the issue. You can also access the ABC webpage by clicking here.

As per Amani's post, Indian surrogacy law has not changed since it was passed many years ago. It is absolutely legal for anyone to commission surrogacy in India; however, in December 2012, the guideline for obtaining a visa to commission surrogacy was changed to a medical visa. Before this, intended parent(s) could do it with just a tourist visa. The problem for single parent(s), same-sex couples and unmarried straight couples is that the new guideline to get a medical visa for surrogacy excludes them. The medical visa for surrogacy now requires intended parents to be a man and a woman, married for at least two years. In essence, the Indian Ministry of Bigotry Affairs has restricted surrogacy for straight married couples beginning 2013. This is very unfortunate! It shows the struggles many same-sex couples have to go through to be a family. It also now discriminates against unmarried straight couples.

There is now uncertainty for same-sex couples, single parents or straight couples on a tourist visa who have already commissioned surrogacy in 2012. It is a real concern, but as far as I know through the blogosphere and info I got from the web, no one (yet) has encountered any problems bringing their baby or twins back home to their respective countries. Yeah sure, FRRO will look down upon single parents or gay couples. FRRO will berate and say awful things about the parent during the interview process. This is expected -- it's a power trip! It's righteous thinking! You just need to take it in and be humble. One blogger who went through the process in January 2013 said, "just smile", and as soon as you get the visa, be glad it is all over. Don't look back!

One thing that you need to know is that once your child or children have the passport(s), there is no lawful reason why FRRO would refuse an exit visa to a bona fide citizen of a sovereign country.  It will be a diplomatic war between your country and the Indian government if FRRO refuses to give an exit visa to your child or children holding legitimate passport(s). Also, in reference to the factually incorrect statement on ABC video/article, you are not in breach of Indian surrogacy law -- there is no law in India banning same-sex or unmarried straight couples or single parents from commissioning surrogacy. As far as I know, there is no law regarding visa requirements for surrogacy other than the recent guideline. Don't take my word as anything could change in India, but rather do your research and find out the truth.

The current ICMR ART Bill is just a bill and not a law, and in fact, the bill permits single parents, same-sex couples and unmarried straight couples to commission surrogacy. Read my previous blogs on the ICMR ART Bill and about the FRRO meeting with the clinics. Bigots are spreading the misinformation.

Don't let the lies and misinformation instill fear on you. Bigotry will not prevail!


  1. I love you guys, you are so right. People need to read information and look into things yourself, stop listening to BS. Yes the FRRO make you feel like a small shitty person but you know who you are and once they are in your rear view mirorr who cares. I made it and like you said once your child has a passport from YOUR country, he or she is now a citizen of your country. Sure the FRRO can play games but once you get your Embassy into the mix you will win. I tell everyone Poonam is a great help and she will make things go more smoothly then if you did not hire her, i firmly beleive this. good luck guys not much more time yet left to wait buddy, and your going to be DADS. Of her I read the Mato clinic book to, I think this book has made me worry more then I would, so I threw it away.

  2. Thanks Michael. We are so happy that you, Curt and your little princess, Isabella, are doing great. The clock is ticking for us. :) Oh, and the Mayo Clinic book is indeed a bit scary, because it shows pictures of what could be wrong with the baby. I'm into science and medicine so I don't mind finding out about diseases. My partner is the worrier, so I won't let him read the Mayo book, but he is reading the Baby 411 right now. Hugs and kisses to Isabella. Cheers!