| Publication |
2012.
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| Summary/Abstract |
International surrogacy arrangements have created paradoxical situations of 'legal orphanhood' where highly desired surrogate babies with multiple parents are not recognized by either the child's country of birth or the country of the child's commissioning parent(s). This article examines the parentage and citizenship status of children born to Indian surrogate mothers and foreign commissioning parent(s). In the absence of comprehensive legislation, Indian courts have struggled to address these fundamental issues of surrogate babies given the differing interests of the parties and countries involved. The rights of surrogate children are addressed only on an ad hoc basis and only after the commissioning parents encounter actual difficulties in taking children to another country. By viewing the rights of the surrogate child as paramount, surrogate children born through surrogacy arrangements in India should have their origins known and documented accurately to preserve their identity. In addition, Indian citizenship should automatically attach at birth to prevent statelessness. Contrary results place the interests of other parties above the rights of the child.
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