Surrogate Mother


New Member

We are planning to go for Surrogate mother treatment in India as it is less expensive over there. We got our Green cards in USA one year back.

I have few questions on this issue

a) Can we bring the baby here if the process is successful? I heard we can bring if the baby is less than two years old but my question is can we bring the baby here if we had the baby through surrogate process

b) Do we need to apply for any Visa in Indian Consulate? I got the below info from the below website but I am not understanding clearly

c) How can we apply green card after we arrive here? Do we need to initiate or submit any papers once the process is successful?

I will appreciate if I get any legal advice on this issue


.S. Department of State Foreign Affairs Manual Volume 9—Visas
9 FAM 42.1 Notes Page 1 of 15
9 FAM 42.1 NOTES
(CT:VISA-1173; 03-30-2009)
(Office of Origin: CA/VO/L/R)
(CT:VISA-1173; 03-30-2009)
The regulations of the Attorney General contained in 8 CFR 211.1(b) (see 9
FAM 42.1 Exhibit I) relating to waivers of documentary requirements for
immigrants provide for admission of certain aliens without visas. An
unexpired immigrant visa (IV), reentry permit, or other valid entry
document is required of an immigrant under INA 212(a)(7) except as
indicated below.
9 FAM 42.1 N1.1 Child Born After Issuance of Visa
to Parent
(CT:VISA-1173; 03-30-2009)
The child born after the issuance of a visa to a parent is not required to have
a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent
within the validity of the parent’s immigrant visa and the child is
entitled to derivative status; or
(2) Born during the permanent resident mother’s temporary visit
abroad provided that (see 9 FAM 42.1 N2):
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon
first return after the birth of the child.
9 FAM 42.1 N1.2 Immigrants Possessing a
Permanent Resident Card


Registered Users (C)
Honestly I don't know about the details that you have posted in your query but here is what I know, children born outside to US LPR Do not derive Citizenship or Permanent Status and you have to apply under F2A with the priority date according to recent visa bulletin is March of 2009 which is great for F2A, it used to be 4-5 years at least.
The IV validity is six months from issuance provided the Medical test is no more than six months old upon entry to the US, yes in that case a child will qualify for a dervitave but again only if the immigrant mother holding the IV was not processed as spouse of a USC, but you have already entered US.
Beside if you are gonna get a surrogate then that surrogate is also holding a IV?

Strongly recommend you to consult a attorney.
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