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COVID-19 and getting to the US

5/5/2020

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I had a call today with Rich Vaughn from the International Fertility Law Group who has helped nearly 40 intended parents fly to the US to be with their babies since the travel ban came into effect (including a number of parents who weren’t even his clients).  We are all hoping that the lockdown is going to end soon, but we still don’t know about the international travel bans.
 
COVID-19 has had an impact on everyone, everywhere and that includes international intended parents who have a child about to be born in the US.  Most ESTAs and Visas have been cancelled and an application to travel has to be made in one form or another.
 
This is normally done through the US embassy in the country where you live and realistically you should be providing as much “administrative proof” as you can to build the case that the baby is your child even if it is not yet born.  This will include:
  • Parentage order if available, or court pleadings or other documents filed even if an order has not been issued yet;
  • Letter from attorney;
  • Letter from IVF doctor/OB;
  • Letters from attorney and doctor should verify this is your child and support the argument that it is in the national interest of the US that you be allowed to travel to the US to care for your child and to be there to take the child from the hospital so that already overburdened healthcare facilities are able to continue providing care during the public health crisis to those most in need.
 
Potentially you will have to answer questions on where you will quarantine, have you been COVID-19 tested, other travel you have had, and whether any Visas of ESTAS you may have had have ever been denied, revoked, suspended, etc.
 
Remember, whilst not ideal, you can make medical decisions by telephone so that part can be done but it is wise to have some form of guardianship documentation in place in case your child is born and you are not there yet.
 
For more information, you can contact Rich Vaughn directly onrich@iflg.net
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    Richard is the father to twins born in 2012 via surrogacy in the US.

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