India Surrogacy & German Twins – the twins born to a surrogate in India approximately two years ago have hit another legal hurdle. The Indian courts had requested that the German government grant the children temporary visas so that the couple can finally go home from India with their children. However, news reports now state that Germany has rejected the parents’ bid for the visas. The German government stated that their only real option was to adopt the twins. A cautionary tale for all when thinking about reproductive tourism.
“The twins of a German couple born to an Indian surrogate mother may have a chance to go to Germany – if the couple decides to adopt them. The Supreme Court asked the couple if they would consider adopting the two-year-olds as Germany does not recognise surrogate motherhood.
The apex court Monday asked Jan Balaaz and his wife if they would consider adopting the children after Solicitor General Gopal Subramanium told the court that Germany does not recognise surrogate motherhood, but allows international adoption of children by its citizens.
Subramanium told the bench of Justice G.S. Singhvi and Justice Asok Ganguly that in the given scenario, the German couple may consider adopting the twins.
He gave the information during hearing of a lawsuit by the government challenging the Gujarat High Court ruling which had directed the government to give Indian passport to the twins born to Jan Balaaz and his wife through a surrogate Indian mother.
The apex court has asked the couple to take their decision and apprise it within two days.
The apex court on Jan 4 asked the central government to try to settle the tangled issue of citizenship of the twins through diplomatic channels. The children were born to Gujarati surrogate mother Marthaben.
The government is opposed to grant an Indian passport to the twins on the ground that it would mean granting them Indian citizenship.
The Gujarat High Court in its order on a lawsuit by the German couple ordered passports for the twins born in January 2008.
The couple came to India in December 2006 in search of a surrogate mother and entered into an agreement with Marthaben, according to which she lost her right over the child after delivery.
On the plea of the German couple last month, the apex court asked the government to provide travel documents to the twins within 48 hours, while asking them to approach the German embassy for visa to the twins.”