SC asks Centre to clarify stand on citizenship of surrogate children
A Supreme Court bench headed by Justice Ranjana Gogoi has reportedly
sought response from the Centre on the question of citizenship of a
child born in India out of surrogacy in which biological parents are
foreign nationals but the woman who gives birth is Indian.
The
bench also asked whether such child can be granted dual citizenship for
some limited purpose and asked the Centre to make its stand clear on
the issue.
Tushar Mehta, Additional
Solicitor General, submitted on behalf of the Centre that he would spell
Centre’s stand on the next date of hearing.
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The
Bench is looking into the larger issue of the need for a “comprehensive
legislation” dealing with all the issues and situations, citizenship of
a surrogate child, created by the latest reproductive technology.
The
problem of citizenship of a surrogate child was raised in the case of
two twin babies born to an Indian surrogate mother and a German father
in 2008. The two boys — Balaz Nikolas and Balaz Leonard, whose father is
German national Jan Balaz — were conceived by an Indian woman in Anand
district of Gujarat in January 2008.
The
ASG informed that a Bill – Assisted Reproductive Technology Regulation
Bill – was introduced in the parliament in 2010, and he would get
instruction on the status of the Bill.
The case is posted after six weeks for next hearing.
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