This document provides guidance for US citizens on the legal process of surrogacy in India and bringing twins born through surrogacy back to the US. It outlines the steps needed before traveling to India, including getting the proper visa and collecting documentation. It then details the process in India of obtaining birth certificates and letters, scheduling DNA testing and a consular appointment, and getting an exit visa to return to the US with the babies. The overall process involves establishing parentage through DNA testing at the US consulate and obtaining an exit visa from Indian immigration authorities.

1. We
are
US
Citizens
of
Indian
descent
who
were
blessed
with
twins
through
Surrogacy
under
the
expert
care
and
guidance
of
Dr.
Aniruddha
Malpani
and
The
Malpani
Clinic.
This
has
been
a
transformative
experience
for
my
wife
and
myself
and
we
still
are
coming
to
terms
with
the
enormity
of
the
miracle.
While
there
is
the
all-­‐important
medical
and
emotional
focus
through
the
entire
surrogacy
journey,
there
is
also
a
very
important
legal
aspect
to
the
entire
process.
It
requires
careful
review
and
detailed
preparation
as
you
are
dealing
with
the
immigration
laws
of
two
countries
–
United
States
and
India.
This
post
aims
to
guide
fellow
parents
on
the
legal
process.
Our
babies
were
born
in
February
2014
and
we
returned
to
the
US
from
India
in
April
2014.
The
rules
and
procedures
documented
in
this
post
are
as
of
May
2014.
Please
note
this
post
is
from
a
perspective
of
a
naturalized
US
Citizen
of
Indian
origin.
Citizens
of
other
countries
may
need
additional
documents
and
the
process
may
deviate.
A. Commencement of Surrogacy Process
As
prospective
parents
plan
to
take
the
plunge
it
is
very
important
first
step
to
know
that
when
visiting
to
India
for
Egg
Transfer/Sperm
Collection
Process
they
must
travel
on
a
M
Visa.
They
cannot
travel
on
a
Tourist
Visa.
Also,
any
interim
trips
to
India
must
be
on
M
Visa.
This
applies
only
to
foreigners.
PIOs/OCI
Card
holders
are
exempt
from
this
rule.
B. Before Leaving for India to get the Babies
Once
the
date
nears
and
parents
have
to
make
the
trip
to
India
the
legal
process
of
gathering
documentation
begins.
Before
leaving
the
USA
the
following
needs
to
be
done:
1. DNA
Testing
a. Identify
a
AABB
accredited
DNA
Laboratory
in
the
US
-­‐
I
went
with
DDC
(http://www.dnacenter.com)
b. Father
should
get
DNA
samples
collected
in
the
US
c. Preorder
DNA
testing
kit
to
be
shipped
to
US
Consulate
in
India
2. Consular
Appointment
a. Make
an
online
appointment
with
the
US
Consulate
for
the
CRBA
(Consular
Reporting
of
Birth
Abroad)
b. Email
US
Consulate
(mumbaif@state.gov)
to
schedule
DNA
Testing
appointment
for
the
baby
same
day
as
CRBA
Appointment
3. Documentation
-­‐
Documents
that
you
need
to
carry
from
USA
for
both
parents:
i. US
Passport
ii. Surrogacy
Agreement

2. iii. All
correspondence
with
the
Surrogacy
Clinic
iv. Copies
of
Surrogate’s
USG
/Medical
Tests/Egg
Transfer
lab
results
v. US
Driver’s
License
vi. US
Naturalization
Certificate
vii. Expired
Indian
Passport
–
if
applicable
viii.Marriage
Certificate
ix. US
Tax
Returns
(at
least
5
years)
x. Utility
Bill
xi. Bank
Statements
xii. US
Consulate
Appointment
Confirmation
Please
make
at
least
3
sets
of
copies
for
each
of
these
documents
(except
tax
returns)
as
they
are
required
to
be
submitted
multiple
times.
C. After Reaching India
Once
you
reach
India
the
focus
is
of
course
on
the
birth
of
the
baby.
Once
the
baby
is
born
and
things
settle
down-­‐
the
following
documents
should
be
collected
as
soon
as
possible:
1. Birth
Certificate
–
get
at
least
5
original
copies
2. Letter
from
Hospital
where
baby
was
born
confirming
birth
and
that
all
dues
are
paid
3. Letter
from
Doctor
confirming
Surrogate
was
under
her
care
and
that
she
delivered
Baby
4. Letter
from
Hotel
confirming
dates
of
stay
and
stating
all
dues
are
paid
5. Copy
of
FORM
C
from
Hotel
(this
is
reported
to
FRRO
when
a
Foreigner
checks
in)
6. Call
US
Consulate
and
confirm
appointment
for
CBRA
and
DNA
Testing
7. Get
Demand
Draft
from
an
Indian
Bank
of
Rs.1,000
per
baby
(we
got
a
DD
of
Rs.
2,000)
payable
to
Dr.
Jayant
Rele
8. 2
Passport
photos
for
the
baby
–
one
for
the
US
Consulate
and
one
for
the
FRRO
(sizes
are
different)
9. Complete
DS-­‐11
Form
available
on
USCIS
Website
10. Complete
DS-­‐2029
Form
available
on
USCIS
Website
In
India
it
is
a
two-­‐step
process
to
go
back
home
to
the
US
with
the
Baby.
Step
1
is
getting
a
US
Passport
from
the
US
Consulate
and
Step
2
is
getting
an
Exit
Visa
from
the
FRRO.

3. D. US Consulate
Plan
to
get
to
the
US
Consulate,
Mumbai
at
the
Bandra-­‐
Kurla
Complex
at
least
thirty
minutes
prior
to
the
appointment
time.
American
Consulate
General
C-­‐49,
G
Block
Bandra
Kurla
Complex,
Bandra
(East)
Mumbai
400
051
Telephone
+91-­‐22-­‐2672-­‐4000
There
is
a
separate
gate
for
US
Citizens
and
one
can
park
their
car
inside
the
Consulate.
You
do
not
need
to
stand
in
line
with
other
folks
who
are
applying
for
Visa.
As
pointed
out
earlier
try
to
make
the
DNA
appointment
the
same
day
as
the
CRBA
appointment.
Both
appointments
require
the
baby
to
be
present.
The
US
Consulate
is
very
cordial
and
makes
every
effort
to
make
the
process
quick
and
painless.
They
have
excellent
facilities
in
the
waiting
area
and
are
extremely
efficient.
They
will
review
all
the
documents
carefully
so
it
is
important
to
ensure
that
all
documents
are
in
order.
The
following
documents
are
required
for
CRBA
Appointment
(original
and
copies):
i. US
Passport
ii. Baby
Birth
Certificate
iii. Surrogacy
Agreement
iv. Hospital
Letter
v. Doctor
Letter
vi. All
correspondence
with
the
Surrogacy
Clinic
/Doctor
vii. Copies
of
Surrogate’s
USG
/Medical
Tests/Egg
Transfer
lab
results
viii. Marriage
Certificate
ix. US
Naturalization
Certificate
x. Expired
Indian
Passport
–
if
applicable
xi. US
Driver’s
License
xii. US
Tax
Returns
(at
least
5
years)
xiii.Utility
Bill
xiv.Bank
Statements
xv. US
Consulate
Appointment
Confirmation
xvi.Baby
Photo
xvii.
Completed
DS
11
Form
xviii.
Completed
DS
2029
Form
After
the
CRBA
appointment
the
next
stop
is
the
DNA
testing
that
is
done
in
an
adjoining
section
of
the
US
Consulate.
The
DNA
testing
kit
should
have
already
arrived
at
the
Consulate
and
everything
is
waiting
for
you.
The
DNA
testing
process
is
also
very
quick
(15-­‐20
minutes)
and
painless.
The
following
documentation
is
needed
for
the
DNA
Appontment
(original
and
copies):

4.
i. US
Passport
(Father)
ii. Baby
Birth
Certificate
iii. Demand
Draft
Once
the
CRBA
and
DNA
testing
is
done
and
the
sample
is
sent
to
the
US,
it
takes
about
7-­‐10
days
for
the
US
Consulate
to
receive
the
DNA
results
back
from
the
US
Lab.
The
US
Passport
is
typically
issued
within
1
business
day
of
the
DNA
result
being
received.
The
US
Consulate
will
call
you
or
email
you
that
the
Passport
is
ready
for
pickup.
I
started
following
up
with
them
after
7
days.
You
can
call
the
US
Consulate
after
3pm
(Tel:
22-­‐
2672-­‐4000)
and
chose
the
American
Citizen
Services
option
to
get
status
on
the
US
Passport.
To
get
status
on
the
DNA
Test
or
on
any
information
related
to
the
DNA
test
call
the
022-­‐2672-­‐4000
ext.
4478/4626.
For
us
it
took
8
business
days.
You
can
pick
the
Passport
up
or
get
it
couriered
(I
recommend
personally
picking
up
the
Passport).
You
do
not
need
to
take
the
baby
to
pick
up
the
US
Passport.
The
Consul
officer
will
hand
you
the
US
Passport
and
an
affidavit
and
a
letter
to
the
Indian
Government
–
all
of
which
would
be
needed
for
the
FRRO.
Once
the
US
Passport
is
in
your
possession
the
next
and
last
step
is
the
FRRO.
E. FRRO
Once
you
get
the
US
Passports
immediately
make
a
next
business
day
appointment
for
the
FRRO
for
an
Exit
Visa.
You
need
to
do
the
appointment
online
and
print
the
application
and
then
head
to
the
FRRO
the
next
day.
FRRO
Annex-­‐II
Bldg.,
3rd
Floor
Badruddin
Tayyabji
Marg,
Behind
St.Xavier’s
College,
C.S.T.,
Mumbai-­‐
400001
(The
Landmark
is
near
C.S.T.
railway
station
and
the
office
is
in
the
lane
beside
the
Times
of
India
building.)
The
following
documentation
is
needed
at
the
FRRO
(original
and
copies)
i. US
Passport
–
Parents
ii. US
Passport
-­‐
Baby
iii. M
Visa
or
OCI/PIO
iv. Baby
Birth
Certificate
v. Surrogacy
Agreement
vi. Affidavit
from
US
Consulate
vii. Letter
from
US
Consulate
viii.Hospital
Letter
ix. Doctor
Letter

5. x. Hotel
Letter
xi. Hotel
Form
C
xii. Marriage
Certificate
xiii. Air
Tickets
(for
self
and
baby)
xiv.Expired
Indian
Passport
–
if
applicable
xv. Baby
Photo
xvi.FRRO
Application
The
FRRO
typically
processes
applications
same
day
–
so
you
can
pick
up
your
Exit
visa
in
the
afternoon.
Well
that
is
it!!!
You
are
ready
to
go
back
to
the
United
States
and
while
your
journey
in
India
ends
another
more
challenging
journey
of
parenting
begins.
Enjoy
the
ride!!
If
anyone
needs
any
information
I
will
be
happy
to
help.
Please
feel
free
to
reach
out
to
me
at
ani.virgo@gmail.com.