The Supreme Court on Thursday sought the NDA government’s stand on granting dual citizenship to children born to an Indian surrogate mother in this country, but whose biological mother is a foreign national.“Under the Constitution, a child born here from an Indian surrogate mother is entitled to Indian citizenship, but what happens if the biological mother is a foreign citizen and the child applies for citizenship of that country,” a bench led by Justice Ranajan Gogoi asked Additional Solicitor General Tushar Mehta.
Justice Gogoi asked the government if it was open to considering dual citizenship for surrogate children born in such circumstances. “The concept of dual citizenship for surrogate children born in certain circumstances could be considered.
This dual citizenship can give limited entitlements to such children,” said the bench.
Mehta informed the court that a Bill — the Assisted Reproductive Technology Regulation Bill — was introduced in Parliament in 2010, and that he would get instruction on its status. The matter was adjourned for six weeks.