Procedure to Take Your Surrogacy Baby Back from India.
Step 1: Birth Certificate of the baby
As soon as the baby is born, the records of the birth is sent by the Hospital to the Municipal Corporation of Delhi (MCD) for babies born in Delhi which is the Authority that issues the Birth Certificate and thereafter the Birth Certificate is sent for getting Apostille Sticker to the Ministry of External Affairs (MEA). The Intended Parents names are on the Birth Certificate. This process will take 3 – 5 days from the date of birth of the baby.
Step 2: DNA testing (Varies from country to country)
International clients cannot use both an egg donor and a sperm donor, or donor embryos with surrogacy, as a genetic link between baby and at least one parent is required by the embassies of most countries to grant citizenship and a passport to the baby. A genetic link is established through DNA testing of one parent and baby. Please check if your respective embassy requires it.
Step 3: Citizenship and Passport
After the Birth Certificate is received, an Application is filed for Citizenship and issue of Passport at the respective Embassy along with required documents. All the documents required from the clinic as regards to surrogate agreement, letter from the clinic and IVF specialist etc. are issued to you. The embassy may also require the DNA testing of the baby with the genetic parent(s) which will be done either at a DNA lab in India (as recognized by each embassy) or the embassy might send the samples to a lab in their own country. The whole process will take 1 – 3 weeks as per the expedition of the embassy. For some countries, however, it may take more time. Please look at the guidelines of your embassy in India for taking home a baby born through surrogacy.
Step 4: FRRO and Exit Visa
After the issuance of Passport, an Application is filled with Ministry of Home affairs (MHA) for Exit Visa and then to Foreign Regional Registration Office (FRRO) for exit clearance.
Getting an exit visa from India
Checklist from FRRO Office directly:
- Printout of completed FRRO online visa application form, with baby’s passport photo affixed and signed by parents
- Copy of surrogacy agreement with notaries, including back pages if stamps are present
- Copy of surrogate treatment (i.e., ‘No Objection’ letter from surrogate).
- Copy of baby’s birth certificate, front and back if stamps are present.
- Copy of baby’s passport
- Copy of parent’s passport and visa
All the documents pertaining to surrogacy including original surrogate agreements, payment receipts, letter from surrogate, clinic, IVF specialist etc. will be provided by us (IFC).
Other checklist recommended by FRRO and US Embassy
- Copy of the travel Ticket (infant + parents)
- Infant’s color photo -3 (with white background)
- Proof of residence i.e. Hotel/Guest House Payment receipt, Leave & License agreement etc
All surrogacy cases applying for ‘Exit permit’ would require minimum 2 working days for processing, provided all the documents are submitted.
Duration of stay in Delhi after birth of baby
The amount of time you will need to spend in Delhi to organize paperwork after baby birth varies from country to country. If organized and proactive, US Citizens generally leave within 2 weeks; and other countries approximately three weeks. Clients from UK must be prepared for a 12 week stay in India after birth of baby as the embassy takes this time to process passports.
For questions related to Medical Visa and FRRO, please refer to Medical Visa for Foreigners. Kindly write to us if you have any more questions.