Yes, you need a surrogacy lawyer while undergoing for the surrogacy procedure in India because the surrogacy lawyer will help you to make understand the surrogacy procedure in a better way so that you will not face any challenges while taking your baby to your home country from India. There are certain cases where the surrogate mothers create issues while handing the baby to his/her intended parents after the procedure completed because surrogacy is a procedure which requires a lot of emotional stress and it is not easy for every woman to carry a baby in her womb for 9 months and later on hand-over the baby to intended parents. In such case, your lawyer will help you to have your baby.
Although, surrogacy in India is a legal procedure but to avoid such kind of circumstances your lawyer will prepare the mutual agreement which needs to be signed by both the parties. The surrogate mother is ready to sign the agreement which says that she will hand-over the baby to his/her intended parents after the baby born and the intended parents are ready to bear all the expense related to surrogate mother until the baby birth.
Your surrogacy lawyer will also help you in filing the petition in Court for seeking the permission to be a legal parent of the baby born and this will be done on the third day of the baby born. The Court will then review the signed agreement between the surrogate mother and intended parents and after the identification, the Court will order the Department of Vital Statistics to issue the birth certificate in the name of the intended parents and the surrogate mother has no relationship left with the baby born.
In case, a single parent is undergoing the surrogacy procedure then the name of only the biological mother and father will be there on the birth certificate. Your surrogacy lawyer will also help you that your child’s birth certificate has the proper stamping with an apostle seal, an internationally recognized seal, which provides that the birth certificate legally valid in countries outside India as well.
Bringing your own baby home
A baby who is born through surrogacy procedure in India does not mean that the baby has the Indian citizenship which means the baby is stateless. Your surrogacy lawyer will schedule the appointments with the embassy people of your country regarding the citizenship of your baby born in India through surrogacy procedure.
Embassy of every country has different rules and regulations for granting the citizenship to a child, which is born through commercial surrogacy in India. An embassy require some important documents such as the birth certificate of the child, signed copy of the surrogacy agreement in India, pregnancy reports, birth certificates of the intended parents, discharge summary of the hospital or clinic where the treatment has performed and signed papers by the surrogate mother and her husband that they agree to hand-over the parental rights to intended parents parental rights. Your Surrogacy lawyer will assist you with all the paperwork that is needed by an embassy and also assist you in all sorts of documentation, passport, exit visa, birth certificate and citizenship.