Wednesday, April 24, 2013

Passport procedural change in India for babies born through surrogacy: Australia only.

News from Australian High Commission in Delhi

It's pretty much the same notification in my last post, but it's a new procedure for those about to apply for their emergency passports to bring baby home.

I called AHC for clarification, your surrogate now needs to complete a form giving her consent to baby being given a passport. Parents will complete a B4 form and surrogate will complete B5 form.

AHC advised that Australian clients should also apply for a five year passport at the same time as applying for the emergency passport. The emergency passport will be processed through Delhi and the five-year passport will be processed in Australia. Emergency passport will be given in normal timeframe (took us 2 days in July 2012) and parents will collect the five year passport upon their return to Australia.

Just a bit more paperwork - AHC has contacted SCI about this and I assume other surrogacy agencies/clinics - but do make sure your clinic knows about this procedural change as you will need your surrogate's signature.

Applying for a passport for a child born through surrogacy – New Policy
New requirements for passport applications involving Australian children born as a result of surrogacy arrangements will take effect from 24 April 2013.
Visit for more information.
Consular Section
Australian High Commission
1/50G, Shantipath, Chanakyapuri,
New Delhi 110021, India.
Switch: +91-11-41399900
Fax: +91-11-26872228


Brian White said...

Okay so this is for applying for passports to EXIT India ?, why do they need the Surrogate's signature, when, as part of the Citizenship application, the Surrogate has to sign a declaration stating that she has no objection to the Intended parents returning to their home country with the babies, so why is this needed as well when you already have it ?

Also, this does not mention any of your concerns about needing the signature / declaration on any FUTURE passport applications ? (Which was one of your worries).

Fair enough if they need it to initially issue passports to leave India (and get back to Australia), its still duplication something you already have, but for future passports, only YOU are listed on the Birth Certificates, and YOU are the child's LEGAL guardians.

Take a look at the Child Passport application (Applying in Australia), it does not mention anything about surrogacy.

Anonymous said...

Who's driving these changes on the Australian side Meg ? It is clear that the international standard is that gestational surrogates reliquishe all parental and legal rights over the newborn. Why then these requirements for the Oz passport? And what happens the next time around? Is it to provide a measure of security for the gestational carrier? Is it to give them some leverage ensure that they have been dealt fairly? Seems a little far-fetched that Australia would suddenly be so concerned. Or, is it an official plan to discourage surrogacy overseas? In any case a pretty regressive step if one dares say. A leap backwards. Would appreciate your thoughts

Amani (Meg) said...

Hi Anon

I have no idea who is directing this. I can only imagine lawyers have been involved. There is always concern about trafficking of babies, given what has happened in countries such as Guatemala and Haiti where corruption exists in the inter-country adoption process and stolen babies were put up for adoption - perhaps there is a fear that children born through surrogacy are not really babies born through surrogacy ... though one would think the paperwork and surrogate affidavit and DNA test of one parent would be enough to prove they are not stolen and trafficked children.

Tigerlily has put in a FOI request hopefully that will shed some light on this.

Amani (Meg) said...

Hi Brian
Yes this for babies exiting India. At least those exiting India now won't have to think about baby's passport for another 5 years if they get one now.

There is nothing on the passport application re surrogacy for people already home with babies - I guess we are meant to see the notice on the website and do the right thing!

Anonymous said...

Thanks Meg, pretty bizarre if you ask me. As you sugest a DNA match with a commisioning parent should suffice. Lawyers can only do drafts, someone in the conservative camp in Australia is surely driving this agenda.