The Centre has assured the Supreme Court that it would try to ensure a "one-time visa" for Germany on humanitarian grounds to the twins of a German couple born to a surrogate Indian mother as it was satisfied with the undertaking given by the father Jan Balaz on their safety.
Balaz in an affidavit filed through counsel Nikhil Goel assured the apex court that he was willing to deposit his passport with the Indian embassy in either Germany or Siberia where he intends to settle down with the children.
He further assured the apex court that a German accredited agency would submit periodical reports on the kids safety and progress to guarantee their well-being.
The father also said that since there was an extradition treaty between India and Germany, the Indian government could always seek his extradition if the couple ever ill-treated the children or failed to appear before the courts here in future proceedings. Responding to the affidavit as a "fair undertaking" Solicitor General Gopal Subramaniam assured the apex court that the central government would take up the issue of visas for the kids with the German authorities within a week.
On the government's assurance the apex court posted the matter for further hearing to January 18.
The apex court at the request of the Centre had earlier sought an undertaking from the German couple that they would continue to abide by all orders of the apex court as the issue involved was the safety of the children.
The Centre had earlier expressed apprehension that if the German authorities failed to grant citizenship to the twins, then the children would become "stateless".
It was submitted that if the couple were allowed to leave India with the twins, there was a possibility of their going beyond the reach of Indian courts with regard to compliance with any future directions.
The German couple Jan Balaz and Susane L'o'hle are desperately seeking Indian citizenship to the children born in February 2008 through surrogate mother Martha Immanual Khristy on the plea that the twins otherwise would not be allowed entry into Germany which does not recognise surrogacy.
The couple claimed that once the twins are accorded Indian citizenship they would be entitled to passports, thus facilitating their entry into Germany.
After the passport authorities turned down their plea, the couple moved the Gujarat high court.
The high court had on November 11 directed the Centre to grant citizenship by taking the view that since the twins were born to a surrogate Indian mother they were entitled to the country's citizenship.
Aggrieved, the Centre filed the appeal in the apex court. The Centre has taken the stand that under the Citizenship Act, 1955, since the commissioning parents were the German couple, the two children cannot be treated as Indian citizens and hence there was no question of granting them passports.
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