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`No-objection to German couple`s twins adoption`

The CARA has agreed to give a No Objection Certiciate as a special case to German national John Balaz and his wife for adopting the twins born through a surrogate Indian mother, the government today told the Supreme Court.



New Delhi: The Central Adoption Resource
Agency (CARA) has agreed to give a No Objection Certiciate as
a special case to German national John Balaz and his wife for
adopting the twins born through a surrogate Indian mother, the
government today told the Supreme Court.

Government counsel Dewash Mehta told a bench of
Justices G S Singhvi and Asok Kumar Ganguly that while CARA
had agreed to permit the couple to adopt the children, it was
now for the German government to take a decision on granting
visas to the twin.

The counsel offered to submit a written affidavit in
this regard by Wednesday.

The apex court had earlier directed CARA under Union
Women and Child Welfare Ministry to consider grant of adoption
rights as a `special case` to the German couple on
humanitarian grounds.

The apex court had passed the direction after the couple
told the Bench that they were willing to go for an
inter-country adoption as surrogacy is a punishable offence in
Germany.

Under the existing Indian government rules, the German
couple cannot be granted adoption rights as such a privilege
is available only if the children are abandoned by the
biological parents.

In the present case, the government said the children
were born through a surrogate mother and there was no
provision under the law for inter-country adoption for
children. It however, offered to examine the plea for adoption
of the German couple as a special case provided it was not
treated as a precedent.

The Centre had earlier rejected the couple`s plea for
grant of citizenship to the children on the ground that the
statute does not provide citizenship rights to kids born of a
surrogate woman.

The German couple had sought 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 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 last year 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 an appeal in the apex court.

PTI

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