Lawyer weighs in on birth tourism debate

Attorney-at-law Samuel Legay believes birth tourism can be beneficial to the country, but has urged government to ensure international agencies involved exercise proper diligence in screening participants to safeguard the island’s social systems.

He noted that birth tourism was not new to the island, pointing out that at least one clinic has been promoting the practice “for years”. However,  he questioned whether the current public concern was really due to birth tourism or to the promotion of such in African countries. 

“For years, it has been a certain class of colour of people that have been coming to do it, and they have been getting the Barbadian passport,” he said. Birth tourism is beneficial to the country, he said, even as he urged the government to warn international agencies to exercise due diligence in screening participants.

Suggesting the promotion of birth tourism via advertisements can attract “too many undesirables”, he argued that, owing to the significant expenses involved, those participating in birth tourism should possess solid financial resources or support, cautioning that if participants cannot cover the costs of postnatal care, it could lead to social complications for the nation.

Legay emphasised that companies facilitating these services must be more diligent in screening who is given the opportunity to come to Barbados and suggested that the government should intervene by cautioning these agencies to do so.

“Government needs to intervene with that. Not regulate it, but just send out a word of caution so that the companies who are engaged in it, would be extra careful in terms of who is elec ted or given the opportunity to come to Barbados and do that, because that can create its own social impact on the Barbadian economy if people come and they can’t afford if there are complications or realise its too expensive upon hearing all the other details of what they have to do because then it becomes a burden on the Barbadian government, because the child is a Bajan.

“So I think the government needs to intervene and meet with the stakeholders and discuss how it’s being done so the government can have a better understanding as to why it’s being done and what is being done, and then see if maybe there’s something we will allow you to promote, because it will benefit us, but don’t just leave them to just do it and advertise at will.”

The attorney who specialises in immigration and citizenship cases clarified that while citizenship was automatic for children born in Barbados, non‑national parents do not gain residency or immigration rights, rejecting the claims of one birth services company’s ‘Birth Tourism’ advertisement on social media, which claimed that a feature of giving birth in Barbados was a ‘resident permit for parent immediately after childbirth’.

“That is not true,” said Legay. “First of all, you have to be living in Barbados for a period of time to get residency. There’s a new immigration and a citizenship bill being debated in Parliament. I don’t know that I’ve read any part of it, which states that after the parent gives birth to a child in Barbados, that parent will automatically get what they call immigrant status. I’ve not seen anything like that because if that is the case, then a lot of people will just be coming to Barbados to give birth.”

The attorney stressed that birth tourism could prove beneficial to the country in particular due to its current demographic challenges.

“I do not see what’s the big thing about people coming and giving birth because it’s bringing money to the economy, it’s bringing people to Barbados, and they’re spending money,” he said. “It is going to build up the population and promote the country.”

Admitting that many parents returned to their home country with their child after giving birth, he suggested that there could be future benefits to be derived from this, as some of these children were growing up and helping to promote their birthplace in other countries.

“In years to come, they may come back and help develop Barbados because at immigration right now, many persons are now coming back whose parents are Barbadian. There are many people coming back from America, Canada, who want to file for their citizenship by descent. So to me it’s promoting Barbados in a positive way.”

(JB)