Just saw a bit on CNN about Indian women acting as surrogate

[rzemanfl]

mothers for American couples. Is a child born to an Indian mother in India, concieved in a test tube from the sperm and egg of Amercian citizens a U.S. citizen? I am going to research this, but if anyone has a quick answer, let me know.

[no_hypocrisy]

1. I dunno. Seems like if you are going down the slippery slope of

giving citizenship rights to a sperm, an egg, and/or a zygote, then this precedent in turn can be used to justify equating abortion with the murder of an American citizen in utero. If a woman holding American citizenship gives birth outside of the U.S., the consequent baby is afforded citizenship. If the egg comes from a woman holding Indian citizenry, the child would be afforded Indian and American nationalities.

I'm not sure if the focus should be on the nationality of the egg, the sperm, or the womb.

[rzemanfl]

2. Found this:

"The Immigration and Nationality Act (INA) requires that both a blood and a legal relationship exist between the child and the U.S. citizen parent. 22 CFR 51.40 provides that the burden of proof is upon the applicant to establish a claim to U.S. citizenship. When primary and secondary documentary evidence are deemed insufficient to establish such a claim, parentage blood testing is an option available to applicants. The Department of State appreciates that this situation may be troubling to parents, but under some circumstances, it appears that there is no other way to establish the child's claim to U.S. citizenship. Parents are, of course, free to submit any additional evidence they believe pertinent. Similarly, in unusual circumstances such as in vitro fertilization cases, surrogate mother cases, etc., additional evidence may be required."

[NOLADEM]

3. Talk about outsourcing

[rzemanfl]

4. $5,000 there $50,000 here per CNN. n/t

[KharmaTrain]

5. No Liabilities Either

The report didn't really get into why Americans were going this route for surrogates, and it's to sidestep the red tape they'd face here or in a European country. Besides paying pennies on the dollar for the services of the surrogate, they don't have any real responsibility for the health of the surrogate (the report mentioned how most never know of the "birth mother") and how well she's been taken care of. There's also no future liabilities...for any complications to the birth mother's health if there was a health problem created by that pregnancy.

I really don't fault the parents...the red tape to adopt here can be a major frustration and the PR is that this is "helping" some poor family in the third world.

The special did discuss the cultural changes in India that I suspect will see changes there like we saw in China during the later part of the 20th century...where education, health care and financial opportunities will lead to a decline in their birth-rate.

[rzemanfl]

6. Plus while those women are carrying the offspring of white

Americans there is zero chance of them getting knocked up by an Indian man.