Click to play videoNew Delhi: The fate of surrogate twins born to a Gujarati surrogate mother in Anand hangs in the balance after they were denied visa by the German Embassy.
The Union Government on Monday will apprise the Supreme Court of the matter.
Germany, in absence of any law on surrogacy, has so far refused entry to the two children born to its bona fide citizens through an Indian surrogate mother.
As the law is unclear so the nationality of the children hangs in balance. The Supreme Court will now decide whether the twins Leonad and Nicolas born to a Gujarati surrogate mother in Anand are German or Indians.
The issue has vexed top legal officers of the country as they met on the eve of the court hearing.
They have to put the government's position before the judges but the biggest stumbling block remains an adamant German government denying visa to the twin.
"Germany declined to grant citizenship to these kids on the ground that Mr Balaz cannot be recognised as the father of the kids," Dhawal Dave, advocate for the German parents Jan Balaz and his wife Susan says.
The centre has been trying to impress upon the German Embassy to grant visa to the twins but to no avail as Germany does not recognize surrogacy.
It is an issue over which even Indian laws are unclear as a draft bill pending with the government awaits Parliament's nod.
"When someone becomes a parent with the help of a surrogate mother then they believe that they got all the happiness. But they also have to deal with many legal problems," says Dr Naina Patel of the Akanksha Infertility Clinic in Anand.
The matter is also pending in the German Administrative Court in Berlin and many feel that even if the court's in India take a sympathetic view it may not unite the children with their parents till the courts in Germany decide on their parentage.
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