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SCOI Report: Can a child with a foreigner as biological father, Indian surrogate mother be granted Indian citizenship?

The Supreme Court bench comprising justices Ranjan Gogoi and NV Ramana is likely to hear the UOI’s appeal against Gujarat High Court’s verdict in the case of UOI vs Jan Balaz from today (September 16).

The case, which has been listed several times in the causelist earlier due to its importance, has now managed to reach top of the list.

Despite the significant Constitutional and legal aspects involved in the issue, the court has been hesitating to hear it earlier in view of the law on the subject which the Central Government has promised to enact.

However, as the Government has not yet introduced the Bill in Parliament, the court found the Government’s stand inconsistent, and decided to hear it on merits. The debate on the subject also involves concerns over trafficking on children, and demands that surrogacy be restricted to Indian parents and denied to single parents.

The Gujarat High Court had held in 2009 that children born in India to gestational surrogate are citizens of this country. Curiously, the draft 2008 Bill on the subject is silent on the question of citizenship of the child born to a surrogate mother.

The hearing of the case in the Supreme Court is likely to generate a lot of interest on the issue.

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