Wednesday, March 13, 2013

Indian Visa latest Mumbai and Delhi

Over the weekend Delhi clinics received a letter from FRRO threatening legal action for violation of visa conditions, as such anyone who can't get to India on a medical visa, can't do surrogacy. From the letter:

The appropriate visa category for commissioning surrogacy is a medical visa. Tourist visa is not the appropriate visa category for surrogacy and legal action will be taken in violation of visa conditions.

"It was also informed that as per the Ministry of Home Affairs directions surrogacy is  not allowed in case of single parent. However, in cases where surrogacy has already been commissioned it will be examined on a case by case basis."

Some slightly encouraging news:

"It was informed by the representatives that there are some gray zones in the present surrogacy laws, which should be looked into by the government. All were assured that such gray zones will be examined and clarifications in this regard will be informed to all concerned."

And for those who have frozen sperm and embryos in India:

"Most of the representatives held the view that advance date be given to use the frozen embryo or frozen sperm , already available with them, in case of single parent, as law does not permit to send it to the concerned country. The matter will be referred to MHA for decision."

So, more meetings and single clients still in limbo. Not sure who the threat of legal action is aimed at, clinics? clients? or both?

In the case where surrogacy has already been commissioned, 'it will be examined on a case by case basis ... by who, and when?  Once again, the FRRO is breathtaking in its ambiguity. Are they even the correct government department to be issuing legal threats and making life a misery for singles going through the exit process, and under what law will legal action be taken given there are no laws in India for surrogacy. God only knows.

Clinics doing nothing - rubbish
I can tell you there are several hundred people involved with third party reproduction in India and abroad working together to get this sorted, as frustrating as it is, it is going to take time. We can, at least, see some written acknowledgement that the visa requirements have screwed a lot of people

I have seen a letter to clinics in Mumbai (it is doing the rounds but has yet to be published and I am not going to publish it here) co-signed by Mumbai FRRO  and Deputy Commissioner of Police, that Mumbai FRRO will not be processing exit visas for non-married clients from 18th April, and all these cases need to go to Delhi. If you are due to have a baby soon and you are single you should contact your clinics asap to confirm this.  If this is correct, lucky Mumbai clients will get to experience the wrath of the Delhi FRRO Queen of Vile who clearly has an issue with gay men having babies.


Toban M said...

Meg, thank you for your updates and keeping us in the loop. As a single dad with frozen embryos still in India, it means A LOT. Thanks.

Toban M said...

Meg, thank you so much for taking the time to update us and keep us in the loop on this. As a single dad with embryos still frozen in India, it means A LOT. Thanks.

peter.brad said...

Meg, we call the evil woman on the counter 'Sargent Steve'. Very, very distasteful woman. Cheers Peter said...

Ugh, I got an instant headache after reading this. Our twins will be born in Mumbai in mid to late May, so of course, we will have to deal with this mess. I just emailed the clinic and my lawyer in Mumbai for clarification and I will let you know what I get back... thanks for being on top of all this!

-Matt and Josh

Michael's surrogacy Journey said...

I like to say that you are right, I also heard from Poonam who is the Lawyer in Dehli that we all use also stated that if you are doing surrogacy in Mumbi you will have to go to Dehli to face the wicked witch, and have her death ray eyes and insulting breath spoke upon you. But like I have told other parents let your Embassy know who you are and let her know that if there are problems you will inform your embassy that you are not giving a citizen of your country a exit visa like I did and I did not have much probelms, but that could also be because I had a medical visa i dont know. From what I was told the FRRO does not want to get in a pissing match with Embassy's and there citizens as it makes bad press. I dont know for sure just what i heard.

Shakti Rose said...

Thanks for keeping us updated Meg, I do want to know the ongoing situation despite being nearly 'home' as I have become so interested in it, so your updates are valuable.

Shakti Rose said...

Thankyou for being so on top of this Anna x

Allie said...

Wow! Thanks, Meg for all of the hard work you, Margarida, and everyone else over in India are doing to try and clarify things for us IPs. In the wake of this legislation, it seems the government has created a terrible mess. I know you're stressed with the kids and all the things happening at work. I pray that there is reasonable, rational thought put into future legislation that will allow families to be created and honored in the way intended.