Saturday, June 1, 2013

Surrogacy in India now legally vague for gays and singles!

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So I woke up this morning to an interesting article.

Yay, I thought at first, things will start flowing in India again.  But then I took another look and I am very discombobulated First we have the following statement: Easing the surrogacy norms for foreigners, the Ministry of Home Affairs (MHA) has proposed that besides married couples, individuals — whether male or female — should also be allowed visas for the purpose. Fine, but currently married couples have to be married for a minimum of two years. Is that still the case? Not clear. Then the article goes on to say: The new rules will, however, continue to bar gay or lesbian couples from hiring surrogate mothers in India. But one of the partners, either male or female, can get a medical visa. So, let me see if I am clear, Gays and lesbians are banned from surrogacy in India? Ok Check! But ONE OF THE PARTNERS, could I guess pretend to be NOT gay? And then take a chance? But what if there is a visa issue and they cannot leave the country with their baby because one of the parents is gay? Am I being alarmist? Well, judging by the latest issue I am having with one of my clients whose baby is expected on June 15th 2013, and has not had their visa STILL after 7 weeks of trying then I cannot begin to comprehend how easy the process might be. Here is an example of what this poor couple is going through (Just a heads up -- they are a heterosexual couple that has been married for over 9 years.
The ordeal of getting an Indian Visa for Surrogacy
: MAY 10th 2012 Hugh D W May 10 to Geoff, me, Becky Geoff, So, I have a couple of questions... Worst case scenario, what are our options if we aren't able to obtain our visas by the time our due date arrives? Why doesn't the clinic in India just have a standard form letter that states that they are indeed an approved ART clinic, and just give them to all expectant parents getting a visa? And here was the response: From: "Ingrid Thomas" Date: Tue, 14 May 2013 08:51:01 -0400 To: ReplyTo: Subject: RE: gynaecworld accreditation by ICMR Hi Geoff, Your visa agent of choice will need to update the application but will be happy to forward it again to the Consulate for processing once it is returned to our office. I would advise to make sure that documentation demonstrating that treatment will be done in Dr. Bansal’s facility and that it is a registered Assisted Reproductive Technology(ART) clinics recognized by Indian Council of Medical Research(ICMR) is present. If the Government of India issued the facility a document proving registration or issued registration number, this should be present as well. Thank you, Ingrid Thomas General Manager Travisa Outsourcing We received the letter from the clini that was required on the 16th and this was resubmitted. We were told it was under review every time we checked, and then this: Date: Wed, 29 May 2013 13:34:42 -0400 To: ReplyTo: Well on the 1st of June, we got word that this would-be parent's surrogate went int labor and we begged and pleaded for the visa and still no luck. Again, let me remind you that this couple has been married for over 9 years and are male and female and they are STILL getting jerked around. Now their baby may arrive 10 days early and the stupid Indian visa office in all their grand pomposity still refuse to grant them a visa. PlanetHospital is happy to provide surrogacy in India, but with all that is happening, I strongly urge you all to look at our facilities in Thailand and Mexico. For more information vist: or for other Thailand or others. However, foreign nationals will have to obtain medical visas for the purpose of surrogacy. They cannot use tourist visas."The new rules will, however, continue to bar gay or lesbian couples from hiring surrogate mothers in India.