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Steps required to take your baby home after overseas surrogacy

by Fertility & Surrogacy Legal Group, APC | Jul 25, 2022 | International Surrogacy

Surrogacy is one of the best options available to California couples who have fertility issues. If you had a child using this method overseas, it’s important to know the process of bringing your baby home.

Register your child’s citizenship

You have to prove that your child is genetically yours. A DNA test and birth certificate are good evidence. A test can take a week or two, but the embassy needs time to process your request. Any additional documentation you have that shows your baby is yours such as the fertility and surrogacy contract can be shown to prove that your child is yours.

Demonstrate that the surrogate waived her rights to the child

Your surrogacy agreement is a legal document that asserts that the woman who carried the baby to term has waived her parental rights. It also states that the surrogate agreed that you would take the child out of the country and apply to have the baby’s citizenship changed. The agreement asserts that you and your spouse are the child’s legal and rightful parents and that you would adopt the baby if the country’s laws required it.

Apply for a passport and other travel documents

Usually, it takes at least two weeks to obtain a passport and other travel documents, but the process can be faster. As the child’s parents, you are required to get and obtain any and all necessary applications.

Establish your parental rights

As previously stated, depending on the country, you might be required to adopt your child if they were born to a surrogate. This can help to establish the parental rights of you and your spouse to the child. However, some countries don’t recognize same-sex adoption, so if you are an LGBTQ couple, this may not be an option for you.

Once you have taken all of these steps, you can bring your child home and look forward to your beautiful future as a family.