Friday, March 22, 2013

India recently passed regulations requiring Intended Parents to travel on medical visas. Prior to this change,  IPs could travel on a tourist visa. The new ART surrogacy visa is a paperwork beast with certain requirements such that a man and woman be duly married for 2+ yrs, and come from a country that recognizes surrogacy.  These criteria effectively close the door on surrogacy in India for a lot of wonderful would-be parents. Over the past few years, I've learned that battling infertility is a battle against obstacles.  Each time you feel you have conquered a hurdle another one inevitably presents itself.
 
"Pick yourself up
Take a deep breath
Dust yourself off
And start again."


We have applied for our medical visas and have been denied.

Dusting off and starting again

We resubmitted, and now we wait... 

The Ministry of Home Affairs  announced on March 18, 2013 that current pregnancies & embryos  will be allowed to exit India in 2013 irrespective of a medical visa:

"This is a special case.... Else, we will be left with hundreds of parentless, stateless children. We can't open an orphanage for them." 

"The official went on to say exit clearances will be given on a case-to-case basis after making sure that foreigners or clinics are not abusing the relaxation. The official added that those caught violating the visa rule henceforth would be dealt with sternly."
To be honest, this announcement does provide great relief even though my little one was never in danger of being parentless or  stateless.

Our child will be a natural born citizen of the United States to two loving parents who are citizens of the US.  In 1790,  Congress passed the Immigration and Naturalization Act, granting citizenship to children born abroad if the father is a U.S. citizen. In 1934, the law was extended to mothers as well.
 
A DNA test after the baby is born will verify both maternity and paternity of the child, thus granting "natural" citizenship.

Our little one is even eligible to run for president if she/he so chooses since this same act stated "the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens"

You might remember a time back when John McCain ran for president. Maybe you remember that he wasn't born in the United States. His parents (both U.S. citizens) were living outside her boundaries when little Johnny McCain was born. The issue arose could he be president? The Constitution can be somewhat ambiguous and vague, and its wording questioned whether citizenship for those born on foreign soil is equal to  those born within our country's borders. Senator Don Nickles from Oklahoma led the charge and drafted a bill to get this question answered, only to find that Congress answered the question in 1790. An embarrassing faux pas for Don Nickles perhaps and the bill was sent to committee to die.  As for McCain,  he could indeed be president granted he found a running mate capable of identifying China on a map.

Although I am grateful for the Ministry's decision, it would be comforting to have a medical visa in hand. Fingers crossed our resubmission is approved.







 

12 comments:

  1. Were you told why it was denied? Agree you shouldn't need it, but it would provide some comfort that you would avoid hassles at the FRRO gaining exit for our potential future president. :) Good luck!

    ReplyDelete
    Replies
    1. I am not exactly sure, but it seemed they were concerned about issuing a medical visa for a pregnancy that is already ongoing. Thanks for the support!

      Delete
  2. Oh boy, they denied heteo couple visa application too? Again, I doubt they will refuse exit visa to any babies with a foreign passport, they may torture the parents by charging 50 bucks and nasty look. Good luck!

    ReplyDelete
  3. Bizarro is a word I could think of when it comes to India's bureaucracy. I hope your resubmission is successful. Either way, you'll be fine with a tourist visa. It's not your fault they changed the rule after you have started the process.

    ReplyDelete
  4. Crossing fingers that your resubmission is a success!

    ReplyDelete
  5. we are one of the couples caught we had got a tourist visa and were booked to begin in april deposit paid since nov, flights paid and hotel all non refundable, we have been battling infertility for 18yrs now and this disaster has really knocked us , we live in ireland and they wont give us the embassy letter needed to get a medical visa , its just so heartbreaking for us.

    ReplyDelete
    Replies
    1. Oh Rosie, my heart breaks for you. 18 years is a long time to battle. I applaud your courage, and I am very sorry. This issue has affected many couples much more deeply than our family. I almost feel silly for publicly airing our setbacks. Because at the end of the day for us, it is just paperwork while for others these are incredible deep blows. With much love, I keep you and these families in my prayers.

      Delete
  6. We've got all our fingers and toes crossed that the stupid medical Visa comes through quickly for you. It's sssoooooo stressful... as if infertility wasn't hard enough.

    ReplyDelete
  7. Hello Critty, I really considering going to SCI for self-cycling with a gestational surrogacy. However, this whole thing is a bit out of my comfort zone. My husband and I live in Houston. We really want to meet another couple in person that has done surrogacy in India at SCI. I'm originally from Tyler, Texas which is not very far from Dallas. If it is something you are will to do, we can drive into Dallas to meet you guys. My email is jjlazartigue@yahoo.com
    Cindy (and Mario)

    ReplyDelete
  8. Sending positive thoughts that you get your medical visa and peace of mind ASAP. Thinking of all the families and potential families affected by this.

    ReplyDelete
  9. hi, I'm Cindy the self cycler that wrote last night. I'm have trouble getting into the email account that I left. So sent you a message from Dr. Shivani's forum

    ReplyDelete
  10. Just now getting to catch up. I will start praying girl. I am so sorry, but try and stay positive and hold on to your FAITH in God's promises. (((hugs))) Tiff

    ReplyDelete