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Legal and Immigration Issues with Egg/Sperm Donation or Surrogacy Abroad

Highlights from March 28, 2012 Creating a Family radio show

legal issues with surrogacy abroad

What are the legal and immigration implications with seeking third party reproduction in another country? Will you be able to get your child home? What must you prove to get your child citizenship? What are the special concerns of couples from other couples coming to the US for infertility treatments that are not allowed in their home country? Join our guests, Immigration and Reproductive Law Attorney Irene Steffas and Professor of Immigration Law at Mercer University School of Law, Scott Titshaw.

  • Are there immigration and legal issues with going abroad for basic IVF using both the woman’s own egg and the man’s own sperm? Are there any immigration or legal issues for these patients?
  • Are their immigration issues associated with traveling to another country for IVF using donor egg or donor sperm?
  • So long as the woman comes back to the US to give birth, is there any problem?
  • Is there any reason to disguise the fact that you went abroad for egg donation when you come back to the US after the procedure?
  • What are the legal and immigration issues associated with fertility tourism with surrogacy in another country where the child is born in the other country when one of the parents has a genetic connection to the child?
  • Can a US citizen use a surrogate in another country with donor egg and donor sperm?
  • Can intended parents bring their child born to a surrogate abroad (India, Columbia, Czechoslovakia, etc.) back to the US? Can they get this child a US passport?
  • Can intended parents bring their child born to a surrogate abroad using both donor egg and sperm back into the US?
  • Would it be preferable to fly the surrogate to the US to give birth? Is this even done?
  • Can you fake a pregnancy and pretend that you gave birth in the foreign country and then return to the US with the child born to a surrogate with donor egg and sperm back into the US?
  • What about the legal and immigration issues with using donated embryos abroad? Most women would go abroad for the procedure but return to the US for the pregnancy and birth. So, are there any issues?
  • How does all this affect same sex couples, since they are one of the groups that utilize fertility tourism quite a bit because they have to use some form of third party reproduction and to save money often consider going abroad?
  • What happens to intended parents who live in other countries that come to the US for IF treatments that are not allowed in their home country? Can they get their children back home?

Image Credit: Bryan Vereschagin

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Creating a Family and in particular your radio show has been a lifeline to me over the past 2+ years. In the privacy of my home/car I have been connected with others whose family-building has been challenged and I have had access to invaluable information from experts that have helped us make better decisions. Thank you! ~ S. Potter

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I just wanted to stop in and say a quick thank you for all the support and information you provide the adoption/infertility community... I also am a "research junkie", and your blogs & podcasts have been an invaluable source for us on our journey to grow our family. more ~ E. Meyer

I wanted to thank you for all of the wonderful things you do. We brought our beautiful baby boy home from the hospital on April 2nd. While we waited for an adoption match and then waited for his birth, your podcast and website were a continuous reminder that we were part of an amazing adoption community. It really helped us not feel alone.  ~Sarah S.

I listen to your radio shows daily on my iPod while cleaning, exercising, driving etc. I've learned so much from it, that today in the foster- adopt support group I felt like an all knowing expert, despite the fact, that I have zero experience in the field. Thank you for a wonderful resource! I am spreading the word. ~G. Longley

Thank you so much for your radio show! I was just listening to it, and it's very informative. My husband and I are in the process of adoption, so we read a lot to be able to make informed decisions. Your website is a great resource for us! ~N.M.W.

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I LOVE your show, it's the most helpful, unbiased information I’ve found about infertility and adoption and I'm so thankful for you and your organization. Keep up the fantastic work, you are changing lives. ~ Amanda

So I would like to introduce to you....Z. V.. She is now 11 weeks old. She came from a lovely perfect little frozen embryo, from our 4th round of IVF (2 fresh cycles and 2 FET)...more  ~A. Houston

I'm just writing to say that I've downloaded another bunch of your podcasts onto my iPhone and while I listen to them on my daily commute I silently
thank you for doing such a good job and conducting such brilliant interviews!!!...
more   ~G. Marino

Although you don't know us from Adam, I wanted to drop a line and thank you for the amazing info, sound advice, and encouragement you offer to adoptive and prospective adoptive parents.  We just received our pre-approval for our daughter, W, from China!  You (in book, website, blog, and podcast form) have been there every step of the way in this journey.  ~ J. & C. Morningstar

I just wanted to drop you a note and tell you how much I love your show. I recently got an iPhone and have been listening to them on iTunes. Your "What Adopted Teens Want Their Parents to Know" session was amazing!!!          ~A. Watson

My husband and I are parents through adoption to THE three most incredible children in the world. All via newborn domestic transracial.  I wanted to tell you how much I’ve enjoyed and benefitted from your web site.  I often refer potential adoptive parents who ask me for advice to your site. I especially enjoy your radio shows and today’s show on "Knowing When to Move from Infertility to Adoption" particularly resonated with me. ~N. Ferrari

I have loved, loved this radio show. It has been hands down the most helpful resource on this often painful and confusing journey. ~ R. Butler

I have been listening to lots of your radio shows of late. Great guests and very enlightening always. Thanks so much for keeping us up with the latest.  ~ W. & M. Welch

I just wanted you to know what a tremendous resource and blessing your podcasts have been to my wife and I as we prepare to travel early next month to pick up our new 17 month old son from Colombia...more
~ M. & L. Oakes


I just wanted to share my story since Creating a Family pod casts were so helpful to me when I was infertile. It really helped knowing I wasn't alone and could get the most updated information on my condition. I am almost 32 years old and I have been trying to get pregnant for 6 long years...more ~ J. Mendenhall

 

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We are awaiting the arrival of our child from Ethiopia. I recently took a road trip and downloaded 9 hours of the Creating a Family podcasts and listened to them all. I learned so much. Thanks.        ~J. Madine 

Just home from adopting our son in Colombia. He and we are doing great. Your site and especially podcasts were a tremendous resource to us personally, as well as for a reason we didn't ever expect...more  

~ M. and L. Oakes

 

 

 

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