Artificially conceived kids born in India cause a legal dilemma that needs to be resolved

Richard Kurland
Richard Kurland

LEXBASE, Canada’s leading immigration publication under well-known lawyer Richard Kurland, reported this week that artificially conceived kids born in India have caused a legal dilemma for the authorities.

In an email obtained by Lexbase, the immigration program manager in New Delhi to Canadian authorities under the title “- “Sensitive Case Report – Proof of citizenship application involving ‘Assisted Human Reproduction’ (AHR) and Surrogacy – Child with no genetic link” back in October 2013, states: “We are dealing with another surrogacy application that risks becoming high profile. A Canadian couple has applied for proof of citizenship for a child born to a surrogate using a transplanted embryo produced from a donated egg and sperm. The child has no genetic link to either parent. As per the wishes of the couple the child has been artificially conceived and brought to term for the payment of a fee.”

It adds: “If there is a positive decision on this case and future ones like it there is a risk that this process will be seen as an alternative to adoption that does not require a homestudy or the involvement of the Indian authorities. Anyone who wants a baby and can afford to pay for one can come to India and have one produced. Given the implications, I think it would be very helpful to develop concrete guidelines on how to handle these types of cases before we begin to receive more.”