Documentation for bringing your surrogate baby back to own country is a long process, which needs to be planned well in advance. You will be required to submit number of documents at various stages from getting the birth certificate, passport, to exit visa of your baby. You will have to also visit various agencies such as your country’s consulate to transmit citizenship through the Consular Report of Birth Abroad (CRBA) process, the Indian Foreigners Regional Registration Office (FRRO) for an exit visa of your baby and may even have to go to the municipal corporation of the city where your baby is born to avail the birth certificate.
For every country the documentation time and so the stay in India after the birth of the surrogate baby varies. For example, if you are a US citizen, it may take 10-12 days; an Australian, you may have to stay for about two weeks, while a UK inhabitant may take longest of approximately two to three months.
Remember a missed or incomplete document means delay in the process of taking your baby back home. It is advisable to be well informed, organised, proactive and prepared with all the required documents even before the birth of the baby. Here we will guide you through the documents that would be required during the cumbersome process.
First, prepare a list of all the documents that will be required at different stages, such as to get the baby passport, birth certificate, and visa of your baby. Whatever documents you have get their atleast four copies ready to submit at various agencies.
Below is the list of the documents that would be required:
- Photographs of your baby and yours (both parents)
- Baby’s birth certificate
- DNA test report as a proof of you being the biological parents
- Baby passport
- When applying for baby’s passport, if only one parent is present in India, the other is unable to appear then you should fill and submit notarized Parental Consent Form DS-3053 along with the copy of the absent parent’s photo id
- Baby exit visa– After obtaining your baby’s passport, you can then apply for an Indian visa or exit permit at the Foreigners Regional Registration Office (FRRO)
- Signed surrogacy contract
- No Objection Certificate (NOC) from surrogate mother
- Id proof of surrogate mother
- Your, as parents, marriage certificate
- Surrogate pregnancy medical records- all medical reports (ultrasounds, tests etc.)
- Discharge letter from the hospital where your baby is born
- No dues certificate from your ART clinic
- Your (both parent) passport and medical visa
- Residence proof ‘form C’ copy from hotel or lodge/electricity bill /landline telephone/ municipal bill of the landlord in case of staying in a house of a relative or friend along with a letter and photo id card of the landlord. In case of rented accommodation copy of the lease and license agreement
- Embassy letter about the issuance of new passport
- Recognition letter from your country Embassy in India or the Foreign Ministry of the country stating that (a) the country recognizes surrogacy and (b) the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child / children of the couple commissioning surrogacy
- Certificate from your ART clinic confirming that the baby has been duly taken custody by the foreigners and that liabilities towards the Indian surrogate mother have been fully discharged as per the agreement
- Embryology letter from ART clinic
- Undertaking from you as parents that you both would take care of the baby or babies born through surrogacy
The above list is not exhaustive as each country’s embassy has different requirements for issuing citizenship to the surrogate babies born in India, but includes all the minimum basic documents required to take your baby back home.