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Assisted Reproduction

India Willing To Relax Adoption Laws To Assist Stateless German Twins Born to Indian Surrogate

Finally, some positive news for the German couple whose twins have been denied citizenship in both India and Germany:

The government Thursday told the Supreme Court that it is willing to waive some of the restrictions in adopting children born through surrogacy to help a German couple adopt their twin sons born to an Indian surrogate mother in 2008. A bench of Justice A.K. Ganguly and Justice R.M. Lodha then asked the government to file an affidavit stating its intention to waive the stipulations to help German national Jan Balaaz and his wife. The twins have been in India since their birth due to immigration problems.

Appearing for Balaaz and his wife, advocate Kamini Jaiswal told the bench that Germany treats childbirth through surrogacy as illegal and has “flatly said that it will not do anything” to help the couple. Jaiswal said her client’s parents, who are natives of Serbia, have initiated some steps for adoption of the twins born to a woman in Gujarat.

At this, a government counsel apprised the court about its willingness to relax its adoption norms for children born through surrogacy.

“The Central Adoption Resource Agency is willing to waive its restrictions on surrogate children,” said the government counsel, responding to Jaiswal’s submission. At this, the bench adjourned the matter till March 16. It has asked the government to file an affidavit on its willingness to relax the adoption norms. The apex court was hearing a lawsuit by the central government challenging the Gujarat High Court ruling asking the government to grant an Indian passport to the twins.

The central government is opposed to the grant of an Indian passport to the twins on the ground that it would mean granting them Indian citizenship.


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