Adopt surrogate twins, SC tells German couple

New Delhi: The surrogate twins of a German couple may have a chance to go to Germany, if the couple decides to adopt them.

The Supreme Court (SC) has asked the couple, Jan Balaz and Susan Lohle, if it would consider adopting Leonard and Nicolas.

Germany does not recognise surrogate motherhood, but allows international adoption of children. Surrogacy is an offence in Germany and a Rs5,000-crore market in India.

Solicitor general Gopal Subramanium told SC on Monday that the Indian government was sympathetic to the two-year-olds and agreed with the German government’s suggestion of adoption. If Leonard and Nicolas are adopted, the government could grant them temporary citizenship.

The apex court has asked the couple to take a decision and
apprise it within two days. A bench of justices GS Singhvi and Asok Kumar Ganguly had on January 4 asked Subramanium to try to persuade Germany to let the toddlers accompany their parents home.

Balaz and Lohle wanted Indian citizenship for the children since they were born to an Indian surrogate mother. The couple claims once the twins are given Indian citizenship, they would be automatically entitled to passports which would help them travel to Germany.

Indian authorities turned down the plea, but the Gujarat high court last year directed the Centre to grant the children citizenship, saying they were entitled to it because they were born to a surrogate Indian mother. The Centre moved the apex court, saying the children could not be treated as Indian citizens.

The bench has asked Balaz and Lohle if they would consider adopting the kids as Germany does not recognise surrogate motherhood.

Thus, the German couple would have to resort to the legal procedure to adopt the children, get temporary citizenship for them and return to Germany.