New Delhi: The Centre on Monday informed the
Supreme Court that Germany has refused to grant visa to the
twins of a German couple born through a surrogate Indian
woman.
Solicitor General Gopal Subramanium told a Bench of
Justices G S Singhvi and Asok Kumar Ganguly that Germany has
rejected the plea for visa on the ground that surrogacy is a
"punishable offence" under German laws.
However, Germany was willing to grant permission to
the German Couple, John Dalaz and his wife, for adopting the
children through inter-country adoptions as provided by the
Hague convention.
The Solicitor General said India was agreeable to
Germany`s suggestion and was willing to offer temporary
citizenship to the twins for facilitating the adoptions.
The German couple Jan Balaz and Susane L`o`hle are
seeking Indian citizenship for the children born in February
2008 through surrogate mother Martha Immanual Khristy on the
plea that the twins otherwise would not be allowed entry into
Germany which does not recognise surrogacy.
The couple claim that once the twins are accorded
Indian citizenship they would be entitled to passports, thus
facilitating their entry into Germany. After the passport
authorities turned down their plea, the couple moved the
Gujarat High Court.
The High Court had on November 11 directed the Centre
to grant citizenship by taking the view that since the twins
were born to a surrogate Indian mother they were entitled to
the country`s citizenship.
Aggrieved, the Centre filed the appeal in the apex
court.
The Centre has taken the stand that under the
Citizenship Act, 1955, since the commissioning parents were
a German couple, the two children cannot be treated as Indian
citizens and hence there was no question of granting them
passports.
PTI
