Govt will enact surrogacy law, says solicitor general

The Centre is examining the various aspects of surrogacy in order to enact a law that would address all legal, moral and constitutional concerns.

Solicitor General Gopal Subramanium told the Supreme Court (SC) on Wednesday that the government would also examine the “commercial and exploitative” dimension of renting wombs.

The court was hearing a lawsuit regarding conferment of native nationality on Leonard and Nicolas, twins of German couple Jan Balaz and Susan Lohle born to an Indian surrogate mother, so that they could go home to Germany. Judges GS Singhvi and AK Ganguly will decide whether the children are entitled to native nationality.

SG said the case involving the future of the children born out of surrogacy “is indeed creating real legal and moral problems”. He said he had sent a letter to the Centre pointing out the law commission’s report that recommends a law to deal with the rights of children born out of surrogacy and surrogate mothers.
The report is gathering dust in the law ministry.

In the instant case, the German couple is left with the only option of adopting the twins, so that they could be taken to Germany, where surrogacy is an offence but international adoptions are allowed.

The couple’s lawyer Nageswara Rao said inter-country adoption was cumbersome and time-consuming and it would be another five-six months before the couple could take the children home legally.

This prompted the judges to remind the government that the couple had already waited for two years and could wait for another four-five months, so that all legal and procedural requirements for adoption are completed.