Please help if you can? Difficult position

[u.p.ka bhaiya]

My husband and I are Green card holders, can we bring our genetic child born through surrogate in India, back?
We are the genetic parents of the child to be born. And we both( me and my husband) hold a US green card. I think baby's birth certificate will be issued on our names as parents by the Indian goverment . My question is will the baby be allowed to enter US. I know on mother's first trip back the child should accompany the mother without a immigrant or non immigrant visa. But the law I guess speaks for birth mother rather it is unclear. Any light on the issue will be very helpful.

[GC_TRAP]

In my opinion, bringing a surrogte child is not a problem but the bigger issue is your status of a Green Card holder. I do not know how easy or difficult it is to bring a child into the US by GC holders. If you were citizens, it would be a moot point.

I think it's best you do plenty of research on the net, shoot some e-mails to a few immigration lawyers and/or call up some lawyer and pay a small one-time consulting fee to get the real answers.

I wish you the best and hope you are able to accomplish what you want to do.

[thankful]

This is a cutting edge issue and you need legal counsel for that.

[Triple Citizen]

Actually children born outside the US to parents who already hold GC status can be brought back to the the US fairly easily.

Originally Posted by GC_TRAP

I do not know how easy or difficult it is to bring a child into the US by GC holders.

[u.p.ka bhaiya]

Thanks a bunch for your answers. If anybody else can throw some light on the issue I would really appreciate it. Thanks again...........

[Jackolantern]

Your situation is too unusual. You're probably going to need DNA tests and other stuff that other parents wouldn't have to do. Get a lawyer.

[Jane Green]

Originally Posted by Jackolantern

Your situation is too unusual. You're probably going to need DNA tests and other stuff that other parents wouldn't have to do. Get a lawyer.

Why would she need a DNA test? Isn’t the births certificate of the child a sufficient proof of parental relationship?

To OP:
Just because you won’t be actually giving birth to your child doesn’t make you any less of a mother under any laws. You and your husband are biological parents of this child, his or hers only legal parents and your names will be written into this child’s birth certificate.
Why wouldn’t your baby allowed back with you - his/her biological mother back to US?
Just make sure you have all of your documents in order – green card and reentry permit.
Then, when the baby is born, get the births certificate and the passport for the little one.
On your first trip back to US bring your baby with you, make sure you do it before your child’s second birthday.
Your baby’s GC will be processed at the POE (stamp in the passport). Make sure you have his/her birth certificate with you at the time of entry.
Congratulations and good luck!

[TheRealCanadian]

Originally Posted by Jane Green

Why would she need a DNA test? Isn’t the births certificate of the child a sufficient proof of parental relationship?

USCIS has in the past required DNA testing when the legal relationship was in doubt. I can probably get a birth certificate that says I'm JFK's love child. Not to say that the DNA test will be required, but it might not be a bad idea just in case.

Just because you won’t be actually giving birth to your child doesn’t make you any less of a mother under any laws. You and your husband are biological parents of this child, his or hers only legal parents and your names will be written into this child’s birth certificate.

Surrogacy is a legal minefield.