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Industry : Radio, TV & Films Functional Area : Politics
Activity:  2 comments  118 views  last activity : 07 06 2010 20:18:04 +0000
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A childless German couple having twins through a Gujarati surrogate mother are negotiating their first challenge as parents, in the Supreme Court — German laws do not recognize surrogacy as a means of parenthood while the Centre will not allow the babies to be taken back as Indian citizens.

As per the surrogacy agreement between the German couple and the Gujarati mother, the children has been registered as of theAnand municipality registered the twins as children of the foreign citizens.

But the German laws are not accepting the twins, born out of surrogacy, to be treated as German citizens.

In this situation, I want to ask you people, where the German couples should go now? I mean, what should be done with the children right now?

 
2 comments on "German or Indian? Surrogate twins in legal no-man’s land"
  Commented by  Dayanand Deshpande, Senior Consultant, Ernst & Young    | 12 01 2009 14:44:22 +0000
I agree with Mayank. No matter the surrogate mother has taken her claim off those children but she is the biological and legally a second mother of those children. In this situation, when the German couples don't have any problem, Indian government should consider her as "mother" (No matter biological or second) and on her basis grant citizenship to those children since German government won't accept those children. So, India should accept them or else they won't have anywhere to go...
  Commented by  Mayank Pant, Corporate Lawyer    | 12 01 2009 14:15:47 +0000
Every person born in India, one of whose parents is a citizen of India, shall be a citizen of India by birth. Since the children's surrogate mother in Indian national, so they also should be given Indian citizenship. They should be given "Person of Indian Origin" status on compassionate grounds and be allowed to enter India.
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