We are all very aware of the uncertainty that recent changes to visa requirement has caused our surrogacy community.
After the most recent communication with FRRO, SCI believes it has no recourse other than to postpone treatment for non - married clients, rather than expose clients to legal action for violation of visa conditions.
We have included a copy of the letter we have sent all concerned SCI clients ( irrespective of your marital status, we cannot start a new treatment cycle : ie receive samples,sperm collection, IVF, egg collection with any client who travels on a tourist visa regardless of treatment being planned in 2012) :
Hello,
I know that
you are aware of the many issues surrounding the new visa requirement. This has
been a confusing and challenging time for us all.
I would like
to inform you about what has happening from our end:
1. After Christmas we were
made aware of the new visa requirement and as such we accepted no new non-
married and single IPs.
2. After approaching both
the MHA & FRRO, a meeting was held on the 5th of Feb at the
FRRO, the FRRO recognized that there are IPs who are already in the
process, all of whom may not be able to satisfy the new visa requirements. In
the meeting a demand was made to forward a list of all clients who are pregnant
and or/in treatment.
3. SCI approached clients
for names to be placed on the list.
4. On the 1st of
March, the FRRO demanded the list be forwarded
5.
On the 8th of March, we
received a letter from the FRRO dated the 6th of March
The relevant
part of this letter which impacts on you reads as follows.
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 for
violation of visa conditions.
o We were 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 case-by-case basis.
o We were informed by the representatives that there are some “grey zones”
in the present surrogacy requirements,
which should he looked into by the government.
We are currently
seeking clarification about your situation as we believe you to be clients who
have already commissioned surrogacy. Until we have such clarification, we are requesting that
you postpone your trip/procedure until a clear reply is obtained by us
from the concerned government authority.
For those of
you coming to India on tourist visa, you will only be able to sign a surrogacy
contract, but no treatment can commence until we have further clarification, or
you have obtained a medical visa.
We are very sorry for
these circumstances; the said postponement is beyond our control and is
directed by government. We have no wish to place you in a circumstance in which
the consequences are unknown.
SCI will not give up on
your dream, we remain hopeful to being able get back to you soon to start the
process.
Please email us with any queries or concerns that you may have, but we would ask that you be mindful that we are seeking further clarification of the definition of " surrogacy has already been commissioned " in writing : drshivanisachdev@gmail.com
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