Surrogacy in India - New Problems Arise

At GlobalIVF.com we do not advocate one surrogacy decision over another. For some IPs, who are able to afford the high costs associated with gestational surrogacy, going to the United States is the right choice. But for many others, who cannot absorb the incredible price tag that comes with an American surrogacy, the only options remain in other countries, where surrogacy is not as longstanding both legally and ethically. India is gaining great popularity in the world of surrogacy - because of its advanced medical treatment and its relatively inexpensive pricetag.. But unfortunately it comes with other costs, some which might not have been taken into account at the onset of the journey.

At GlobalIVF.com, we are encouraged and excited by all the global options available to us. But as Theresa Erickson points out below, before choosing your surrogacy destination, please make sure you do your research.




India Fertility Industry Hit with Another Blow & Americans Giving Birth Overseas Using an Egg Donor


Tuesday 26 Jan 2010 By Theresa M. Erickson

In an article that was just posted in India, controvery continues to follow India and its fertility industry. In this article entitled rightly so, “In the Womb of Controversy,” the writer states the following:



“As high drama is being played out in Indian courts over surrogacy issues, the US consulate in Chennai, perhaps worried about the rash of litigations has decided to tighten its visa processing norms, particularly for couples coming to the city for fertility treatment and assisted reproduction.



About a month ago, Vimala (name changed), a US citizen, returning home after delivering a healthy baby boy, was put through a grilling at the US consulate in Chennai when she went to obtain a passport for her new-born. On learning that she had conceived the child with the help of donor eggs (through assisted reproduction by transfer of eggs or oocytes donated by another woman), the consulate declined to recognise her as the biological mother.



“The father’s name and mother’s name are mentioned in the consular report of birth. This certificate is issued to recognise a US citizen child born outside the country. But the certificate for my son does not list me as the mother. I had to go through a lawyer to process adoption in the US and get the certificate amended to incorporate my name,” Vimala said in a communication to her doctor.

The incident triggered protests among a section of fertility experts in Chennai and kicked off a debate on personal privacy and patient confidentiality and the need for laws. “The laws in India and those of countries from where patients come for treatment should be made clear. Our guidelines state that a surrogate mother gives a written undertaking relinquishing all rights over the child, and the same applies to an egg donor as well,” pointed out Dr Priya Selvaraj of the Chennai-based GG hospital.



Dr Falguni Bavishi of the Ahmedabad-based Bavishi Fertility Institute insisted that none of her patients, five so far from the US and who delivered through donor eggs, faced ‘harassment’ at the consulate. “We made it clear to the consulate that the delivery was through egg donation,” she said.



With the Assisted Reproductive Technology (Regulation) Bill 2008 still in the cans, India’s stand on issues relating to surrogacy remains a set of guidelines on paper. Said Dr PM Bhargava, the chief architect of the Bill and former member of National Knowledge Commission: “The draft bill clearly says that if anyone from outside the country wishes to have a child using ART procedure, they have to produce evidence that they can take back the child without problems.”



According to Bhargava, one of the architects of the Bill, issues relating to surrogacy have been addressed in the proposed legislation. “We had foreseen problems like this (the legal tussle between divorced Japanese parents and their daughter Manjhi Yamada, born from an Indian surrogate mother and the case of the German couple fighting for citizenship for their twins),” he said.



In the case of the German couple, the Supreme Court has suggested that adoption would be the only way out for their surrogate twins.



Authorities in Germany, which does not recognise surrogacy, were willing to consider their application for a temporary visa for the twins for initiation of adoption process.



US consulate officials declined to comment, merely citing the US Federal statutes governing acquisition of US citizenship by birth abroad to a US citizen parent. Section 7 FAM 1131.4-2 (Citizenship in Artificial and In Vitro Insemination Cases) states that “a child born abroad to a surrogate mother who is the blood mother (that is, who was the egg-donor) and whose father was a US citizen is treated for citizenship purposes as a child born out of wedlock”.



But with the ART bill gathering dust and India emerging as a major hub for transcultural surrogacy, the country could well see more cases like that of Jan Balaz and Susan Lohle, the German couple battling to save their surrogate twins from becoming stateless citizens. “

However, women using egg donors and giving birth overseas anywhere need to be aware of this issue, as I have seen it several times in Israel, as well as other countries. Currently, you will have to do an adoption once you return home to the US if you inform them that an egg donor was used. Be careful! And, again this is why it is important to do your research beforehand.

Global IVF Pod Cast: Kathryn Kaycoff-Manos Talks About Global IVF and International Couples

Please listen to this pod cast with Kathryn Kaycoff-Manos as she talks about Global IVF and International Couples which is posted on the Gifted Journeys web site at http://www.giftedjourneys.com/podcast_video.html. If you scroll down to the bottom you will find our pod cast there!

Your comments are always welcomed!

Visit the Golobal IVF Interactive Map

Visit the Golobal IVF Interactive Map Click on an area of the world to view available clinics, travel services, surrogacy and egg donor programs, costs, legal guidelines & general information about the fertility-related services provided. Global IVF strives to be the most inclusive global listing of all IVF clinics around the world who will treat patients who do not reside in their particular state or country.*

With Global IVF.com, if you decide to cross the border for fertility treatments, you’ll do so armed with all of the information you’ll need to make intelligent and confident choices.

* Clinics who do not or cannot - for legal or government reasons - treat non-resident patients will not be included on this list.

NOTE: First time visitors and members are encouraged to inform us if there are any clinics / doctors / services missing from the list. If you have personal stories, questions about any particular clinic, we invite you to visit our online community and share your thoughts.

Global Guest Expert: Bradford A. Kolb, M.D., F.A.C.O.G.

Welcome to the new Global IVF Blog. Our goal is to educate you, our readers, in regards to what is happening within the infertility community; not just in the USA but all over the world! We have asked experts in the Assisted Reproductive Technology field to assist us in bringing you the most current information, products, and services. Today we are highlighting Bradford Alan Kolb, M.D., F.A.C.O.G. a Board Certified Reproductive Endocrinology and the Infertility Managing Partner from the Huntington Reproductive Center.

Dr. Kolb received both his undergraduate and graduate degrees from the University of California, Irvine. He completed his residency in Obstetrics and Gynecology at Northwestern University and a fellowship in Reproductive Endocrinology & Infertility at the University of Southern California, receiving board certification in both fields. He currently holds the position of Assistant Clinical Professor in the Department of Obstetrics and Gynecology at the University of Southern California School of Medicine, and is a physician specializing in the care of complex fertility problems at Huntington Reproductive Center. Dr. Kolb is internationally known for his expertise in egg donation, oocyte cryopreservation and the treatment of couples who have failed traditional therapy in other centers. He sits on the medical advisory board for several pharmaceutical companies, Extend Fertility, Fertile Hope and Resolve.

Dr. Kolb is involved in groundbreaking research that is rapidly advancing the science of fertility preservation – a factor that will aid those desiring to delay childbearing. His current research is focused on oocyte cryopreservation (egg freezing), identification of novel factors that allow for the assessment of an embryos viability and in-vitro maturation (the retrieval and subsequent growth of immature eggs to maturity without the use of fertility drugs).