German couple to get travel papers of surrogate twins

The Supreme Court on Friday directed the government to provide a German couple with travel documents for their surrogate twins by an Indian woman in order to take the children to their country....

The Supreme Court on Friday directed the government to provide a German couple with travel documents for their surrogate twins by an Indian woman in order to take the children to their country.

The German couple,Jan Balaz and Susane Lohle,however,submitted to a Bench headed by Justice G S Singhvi that the German Embassy would only give the twins visa on passports and not on travel documents. The Bench then asked the couple to anyway approach the embassy and inquire into the formalities. The couple was assured that they could come back within 15 days and address the court on the stand taken by the embassy. The court went on to stay the Gujarat High Court order for grant of Indian citizenship to the twins.

Balaz and Lohle have been fighting for Indian citizenship for their kids born in February 2008 through surrogate mother Martha Immanual Khristy of Gujarat. They had contended that German laws do not recognise surrogacy as a means of parenthood and would not allow the children entry unless they have Indian citizenship.

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The Anand Municipality had registered the German couple as parents and the Indian mother as carrier. Indian citizenship for the children would mean they would be issued passports,which would get them an entry into Germany. The couple had moved the Gujarat High Court after the passport office denied them their request on behalf of the twins.

On November 11,the High Court had ruled that since the surrogate mother is an Indian national,the surrogate children will also be treated as Indian nationals and entitled to Indian passports. The Centre moved the apex court challenging whether the Citizenship Act of 1955 allowed a surrogate mother the right to be parent.