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Germany grants visas to surrogate twins

J. Venkatesan

NEW DELHI: The German government has granted visas to the surrogate twins of a German couple born to an Indian woman, the Union government told the Supreme Court on Wednesday.

Solicitor-General Gopal Subramaniam told a vacation Bench of Justices G.S. Singhvi and C.K. Prasad that after the visas were granted, the Centre completed all formalities to facilitate the return of the couple to their country with the babies. Justice Singhvi appreciated the efforts made by the Solicitor-General for amicably resolving the issue. He expressed the hope that Parliament would pass appropriate legislation to clarify the legal position on the citizenship rights of such a surrogate child born to an Indian woman but commissioned by foreign parents.

Mr. Subramaniam said he had written to the Centre, urging it to pass appropriate legislation to avoid a tricky situation like the present one. The Bench then disposed of the matter.

John Balaz and his wife had sought Indian citizenship for the children born in February 2008, through the surrogate mother, Martha Immanual Khristy, on the ground that the twins would not be allowed entry into Germany, which did not recognise surrogacy.

The Centre rejected the couple's plea for grant of citizenship to the children, saying there was no provision in the statute to provide citizenship rights to children born of a surrogate woman. On a petition filed by the couple, the Gujarat High Court directed the Centre in November to grant citizenship to the twins. It took the view that since the twins were born to an Indian surrogate mother they were entitled to citizenship. The Centre then filed the present appeal in the Supreme Court.

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