With an 18 month old keeping me fairly busy, I've been out of the surrogacy via India loop for awhile now so it was a shock to me yesterday when I read that there may be new rules being outlined by the Indian Ministry of Home Affairs with who they issue exit visas to for babies born via surrogacy in India. I was sent scrambling and put out several e-mails to: my contact at the Canadian consulate in Mumbai, my contact who worked with the FRRO when my son was born, and finally my clinic there.
All this to say is that the Indian Ministry of Home Affairs wants to revise the rules in how it issues exit visas to babies that are born in India via surrogacy. The new rules would only grant married couples who have been married for 2 years an exit visa for their baby/babies when leaving India. So intended single parents and intended same sex couple parents would not be granted exit visas for their babies.
I realize nothing has been legistlated yet but my contact who works with the FRRO did confirm these changes to me this morning. Specifically, he said all those now coming to India must come on a medical/surrogacy visa instead of a tourist visa. He said they will not issue exit visas to single parents but suggested that I wait for awhile as they might reverse these rules since surrogacy brings in revenue to the country, the clinics and they don't want to lose this to Thailand.
This is all in spite of the fact that these new rules seem to contradict the Guidelines for Surrogacy and IVF set out by Indian Council of Medical Research, which all reputable clinics follow.
Whether medical/surrogacy visas are more difficult to get, I don't know.
I will be following this closely over the next few months. This is hard for me as I still have embryos in India. What are those people supposed to do? What are single and same sex couple intended parents who are just getting pregnant now supposed to do? There is so much to be answered.
The Canadian consulate has not received anything officially from the Indian Government and are awaiting clarification from them. Also, the DNA sample collection of the child and parent(s) is now done only at the Canadian High Commission in New Delhi. Furthermore, the waiting period before you can travel back from India is a minimum of two months. My heart sinks as it feels like things are getting more and more challenging.
Every day I've thought about when I might be ready to go back and possibly try again for a brother or sister for Orion. I'm hoping I can still do this or figure out a way to get my embryos to Canada.
All this to say is that the Indian Ministry of Home Affairs wants to revise the rules in how it issues exit visas to babies that are born in India via surrogacy. The new rules would only grant married couples who have been married for 2 years an exit visa for their baby/babies when leaving India. So intended single parents and intended same sex couple parents would not be granted exit visas for their babies.
I realize nothing has been legistlated yet but my contact who works with the FRRO did confirm these changes to me this morning. Specifically, he said all those now coming to India must come on a medical/surrogacy visa instead of a tourist visa. He said they will not issue exit visas to single parents but suggested that I wait for awhile as they might reverse these rules since surrogacy brings in revenue to the country, the clinics and they don't want to lose this to Thailand.
He assured me he will keep me posted if there are any changes to these new rules or if there are some
loopholes through which an exit visa can be issued to the baby.
This is all in spite of the fact that these new rules seem to contradict the Guidelines for Surrogacy and IVF set out by Indian Council of Medical Research, which all reputable clinics follow.
Whether medical/surrogacy visas are more difficult to get, I don't know.
I will be following this closely over the next few months. This is hard for me as I still have embryos in India. What are those people supposed to do? What are single and same sex couple intended parents who are just getting pregnant now supposed to do? There is so much to be answered.
The Canadian consulate has not received anything officially from the Indian Government and are awaiting clarification from them. Also, the DNA sample collection of the child and parent(s) is now done only at the Canadian High Commission in New Delhi. Furthermore, the waiting period before you can travel back from India is a minimum of two months. My heart sinks as it feels like things are getting more and more challenging.
Every day I've thought about when I might be ready to go back and possibly try again for a brother or sister for Orion. I'm hoping I can still do this or figure out a way to get my embryos to Canada.
So sorry about your predicament. We are stuck in an awkward position as well--we are just starting our next cycle after failed attempts. I'm not sure how our situation will be handled, but at least SCI is not suspending our treatment. I haven't heard about this two month waiting period for traveling back from India--is this just for Canadians?
ReplyDeleteHi Ben, nice to meet you! My clinic alone has hundreds of clients... most of which are single and same sex couple intended parents. I'm sure all of the clinics added up have thousands of clients. I mean, really, what can the Indian government do... not issue exit visas for all of these babies? I'm glad to hear that your clinic is still moving forward.
ReplyDeleteThe new 2 month waiting period is just for Canadians. When I was there in 2011 for the birth of my son, I was there for 40 days from the time I arrived 5 days before he was born to finally getting his exit visa at the FRRO.
Anyway, best wishes to you :)
Interesting, I am within a week of going to Mumbai for birth of Twins, what they are saying, then is that they will refuse to issue an exit visa to CITIZENS of another country ?
ReplyDeleteBabies are granted CITIZENSHIP of a country before a passport is issued, and thus consular assistance/Support.
That in itself is a diplomatic issue. If they try that with me, I will be contacting my local Consulate for Diplomatic assistance. Can they really stop babies of another country (Citizens) if the babies have committed no crimes ? They had *BETTER* think about this twice.
So yeah, if they refuse me at the FRRO, I will call the High Commission in front of them.
Brian, first off congratulations! That is wonderful news. While the baby is granted citizenship of a country before a passport is issued, the baby still needs an exit visa before he or she can leave the country. When my son was born he got his Canadian passport but we still had to go through the process of getting him an exit visa to from the Indian government to attach to his passport.
DeleteThis morning I did ask the Canadian consulate there if this took effect immediately or after a certain date. They said it was immediate but Indian officials would look at each exit visa application on a case by case basis. Honestly I don't see how that's possible with all of the babies being born there every day via surrogacy so my guess is that you should be ok considering the impossible logistics and that this was just announced so recently.
Wishing you the best, safe travels and I hope you can share your experience once you get the exit visas!
Hoping the best for you, Toban...and all the IPs pregnant and still trying. You've been such a great dad to Orion...so with some effort hopefully you can fulfill your dream of giving him a sibling. Good luck and we'll be following along...
ReplyDeleteThanks Doug :) Happy Valentine's Day to you and Cristina Lei ;)
DeleteHi, guys:
ReplyDeleteWe are also from Canada and our baby was born in Jan 2013 in another Indian city. We have submitted our application to the consulate in Delhi, and heard the rumor that DNA collection will be done only once a month, and only in Delhi. We can't get official confirmation from anybody. We've also been told by the consulate that temporary passport will be no longer issued in Delhi. It'll take up to 15 business days to get the baby's passport AFTER the DNA verification is done. We've travelled to the consulate in Delhi twice already, and have been told that we will be advised by CIC section on DNA sample collection date, but so far we have not heard anything from them yet, still stuck at Step 1...
Anyways, I'm glad to find your blog here. thanks for sharing your experience and news. We are putting together our experience on facebook as well. Hope it helps.
Brian
Hi Brian, that all sounds so confusing, I am very sorry! So the DNA testing is only done in Delhi but the temp passport is no longer issued in Delhi. I wonder what prompted the consulate to take two steps backwards with the process on this and why things couldn't have stayed the way they were before (DNA testing and passport obtained in either Mumbai or Delhi). Just ridiculous! Hoping for the best for you and please let us know if there's any updates...
ReplyDeleteHi, Toban, indeed two steps backward.
DeletePeople could get out of India in 4 to 6 weeks last year. Now we will be stuck here for 2 to 3 months with this new process. Some other intended parents and us are trying to contact high commissioner Stewart Beck & our own MPs, and see what they can do. We will also keep you posted.
Oh dear. Well I appreciate you keeping me posted, stay strong and I will write Mr. Beck a letter from work tomorrow, as well.
ReplyDeleteHI All,
ReplyDeleteWe are a couple from Vancouver who is just starting the surrogacy process. I was wondering if there are any updates on the exit process for Canadian Citizens? Brian, I hope you and your family have made it home by now!