There seems to be an update with regard in the Union of India vs. Jan Balaz Case, more known as the German Surrogacy Case. This is the case where child was born through a surrogacy agreement in Anand, Gujarat with an Indian Surrogate Mother. The child could not obtain German Citizenship as surrogacy agreement is considered illegal in Germany. The German Couple applied for an Indian Passport for the child, quoting the indian surrogate mother as the legal mother of the child. The Passport Authorities issued the passport to the child, but later cancelled the same as the surrogate mother cannot be considered to be the legal mother of the child. The German Couple went against the cancellation to the Gujarat High Court. The Gujarat High Court provided relief to the German Couple ruling that the surrogate mother is the legal mother of the child.
The Union of India went on appeal praying that the surrogate mother cannot be considered to be the legal mother of the child and that the issuance of the Indian Passport to the child is not in accordance with law.
The Couple had legal proceedings pending in India as well as Germany. After a series of diplomatic conversation, the German Government had allowed the children to return to Germany. The Couple left for Germany during the pendency of the litigation in India and Germany as a temporary measure. Even at the time of leaving the county, the children did not have German Citizenship.
The case seemed to come up for hearing on 4th September 2014. The Bench consisting of HON’BLE MR. JUSTICE RANJAN GOGOI and HON’BLE MR. JUSTICE R.K. AGRAWAL have discussed the legal implications of international surrogacy arrangements and the possibility of the child being a citizen of no Nation. The case comes up for hearing next after 6 weeks.