The Australian Couple who had deserted the child born through surrogacy in Delhi in 2012 had come out with the theory that the child was not abandoned or deserted, but the child had been given in adoption to a close family friend of theirs. The adoption theory is highly improbable.
- Child did not have any Citizenship: The Australian Couple refused to apply for Australian Citizenship for the child born through surrogacy and the Australian officials’ version is that they were unable to help the child as the child was not an Australian citizen. They would be able to grant citizenship for the child only if an application for grant of citizenship was made. Either way, the child was not accorded Australian Citizenship.
- The child does not qualify for an Indian citizenship as the child is not genetically related to a Indian national. Further, the child had no link/relation with an Indian citizen, who is in a position to apply for Indian Citizenship for the child.
- In India, unlike the United State of America or several other nations, the child is not granted citizenship merely because of birth within the Indian Borders. The child must a parent holding an Indian Nationality.
- For all practical purposes, the child was stateless at the time of birth. Or atleast the child did not hold an Indian Citizenship or Australian Citizenship during the time of adoption.
- If the child has to be adopted as per Indian laws, the child must be a citizen of India. The adoption formalities cannot be made for adoption of foreign national in India.
- If such an international adoption has in fact taken place, then it must be governed by the International treaties on adoption such as the Hague Conventions. It can be presumed that the adoption formalities must in fact take a much longer time than the time it had taken. Even in that case, how can those treaties be applicable to a child which does not hold Indian or Australian Nationality.
The theory of adopting this child is in fact highly questionable and improbable. International Media has taken keen interest on the issue. ABC even ran a documentary on trying to locate the child. There has been constant fear that the case of child trafficking as money could have changed hands. Indian media has not been giving enough importance for the issue for reasons best known to them.
The Indian Government can file against the Australian Couple who had left behind the child in India, while taking the twin under Section 317 of the Indian Penal Code:
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.