You will have to make an appointment with the U.S. consulate to get your baby's passport. During this process, you'll complete the following documentation:
- Passport Application
- Consular Report of Birth Abroad (CRBA) and
- Affidavit of Presence in the U.S.
- Social Security Number application (this can also be done after you get home)
The passport is required in order for the baby to get an exit Visa to leave the country and also to enter the U.S.
The CRBA is issued in lieu of a birth certificate to US citizens abroad. It is considered primary evidence of U.S. citizenship and can be used throughout the childs life for passport applications, school admissions, and other situations that require a U.S. birth certificate.
At present, it takes 7-10 days business after the U.S. consulate has approved the application to get the baby’s Consular Report of Birth Abroad (CRBA) and passport. Approval can take additional time if the consulate requires more documentation than you bring to the appointment.
To understand the process, or to confirm any items that are unique to your situation, you can call or email the U.S. Consulate or Embassy before visiting India. Emails to the Mumbai consulate will get an automated response which, at the bottom, will include a note that says:
If these links do not help you find what you need, please resubmit your request using the phrase "Request for Specific Information" in the subject line of your e-mail. We will respond to your inquiry as quickly as possible.
This automated response email includes a link to information on how to obtain a "Consular Report of Birth Abroad" at http://mumbai.usconsulate.gov/birth_abroad.html. This information is a bit general and does not cover surrogacy.
That page lists additional information/requirements for babies born through Assisted Reproductive Technology - those requirements are http://travel.state.gov/visa/immigrants/info/info_1337.html. This information is also a bit general.
After you send an email with a subject line of "Request for Specific Information", you'll actually get a human response. The consulate is also developing specific information for surrogacy, and will include the most recent versions. The email address is: MUMBAIACS at state.gov. Remember to put "Request for Specific Information" in the subject line if you want to get a human response.
Alternatively, you can call the Mumbai Consulate at +91 22 2363 3611 x4306 and ask for the American Citizen Services Unit.
After your baby has been born, you'll need to call the consulate to schedule your appointment. If you don't call ahead, the consulate *might* let you come at the end of the day after all other scheduled appointments have been completed. It's not worth it - make an appointment. Also be aware of the consulate's holiday schedule - you won't be able to get an appointment on holidays (U.S. and Indian).
Mike and Mike write about their visit to the consulate here (scroll down a bit).
Main recommendation is to have all your paperwork filled out when you arrive.
Much of the information covered in the Consultea/embassy responses is included in the following pages, but it pays to request the most current information. The two attachments the Mumbai embassy will send you are included below. It seems that procedures do vary from consulate to consulate (Mumbai very strongly recommends DNA testing, Delhi does not - although these policies could evolve), so if you're working with the embassy in Delhi, or another consulate office, contact them directly for their most recent policies.