There is a quite a significant development in the Jan Balaz’s Case which is presently pending before the Supreme Court of India.
On the 3rd May 2010, the Central Adoption Resource Agency (CARA) has reportedly represented before the Supreme Court of India its willingness to grant a No Objection Certificate to the German Couple, Jan Balaz and his wife to adopt their twin children born through surrogacy in India. This response form the Supreme Court of India would certainly prove to be beneficial to the couple who have been longing to take back their twin children back to their nation.
However, the much-awaited decision of the Apex Court would be answering many questions, and would be making way for many more new questions. This is the second decision from the Apex Court on Surrogacy, the first being that of Baby Manji. This decision of the Supreme Court of India is expected to answer the most important question of who is the legal mother of a child born through surrogacy.
The Central Adoption Resource Agency (CARA) was earlier directed by the Supreme Court of India to consider the application for adoption made by the German Couple. The CARA had represented before the Supreme Court of India that children born through surrogacy is not within its scope of working, and that CARA can handle only cases of abandoned children. The Supreme Court of India had then directed CARA to reconsider its report and submit a fresh report.
This however does not turn out to be the final solution for the German Couple, as they are required to wait for the reply from the German government for the adoption plea.