Surrogacy and Citizenship in India: The Problem of Statelessness

This author came across a television report about the issue of citizenship of the twin children born out of a surrogate Indian mother and a German father. The Hon'ble High court of Gujarat referred such a situation as having no precedent in this country. This was a suitable case which was something sort of a deviation from the usual cases and there seemed to be a problem which required research and solution. This research started with these reflections. How to ascertain the citizenship of a child born out of a surrogate mother, if the mother is an Indian Citizen and the father is a German? The father of the child is a German, the egg was taken by an unknown donor and the surrogate mother only facilitated the process of gestation, hence it is justified in giving the child, the citizenship of Germany. It will be examined in the end of this paper whether this hypothesis is right.