Laws on Surrogacy: German Twins Finally Granted Visa

India has emerged as a popular destination for couples seeking surrogacy options. What is it about India that makes it so attractive for having surrogate babies? Experts believe that the two major reasons are reduced cost of surrogacy in India as compared to other developed countries; In India, the entire process of surrogacy costs somewhere between Rs.10 lakh to Rs.25 lakh, compared to the U.S. where it could cost up to $ 120, 000. The second reason is the lack of proper laws on surrogacy, making it easy for couples to have surrogate babies in India.

Laws on Surrogacy: Long Lasting Legal Battle

In February 2008, twins were born to a German couple John Balaz and Susan Lohle through a surrogate Indian mother Martha Immanual Khristy; and thus began the couple’s two-year long legal battle to take the children back to Germany.  The children were refused German citizenship and entry into the country, since surrogacy is not recognized in Germany and is a punishable offence.

The children were also denied Indian citizenship by the Central Government, citing the reason that surrogate children commissioned by foreign parents are not granted Indian citizenship. The passport authorities too refused to issue passports to the twins. The couple then appealed to the Gujarat High Court, which ruled in the favor of the couple stating that since the twins were born to an Indian surrogate mother, they should be granted Indian nationality, and directed the Central Government to grant Indian citizenship and issue passports to the twins.

The Centre was not satisfied with the judgment of the HC and appealed to the Supreme Court. The centre argued that as per the Citizenship Act, 1955, German twins cannot be granted Indian citizenship and passports. The option for inter-country adoption was also closed for the couple as that is possible only if the biological parents abandon the child. However, the Court, with hep from the central government, directed Central Adoption Resources Agency to make an exception and allow the couple to adopt the twins, facilitating their move to Germany.

Thus, the hurdles were cleared on May 10, 2010, and the babies were issued identification papers and exit permit and the Government of Germany granted them visas.