Married and un-married people cannot be treated as a class apart, particularly when inter-country or in-country adoptions are permitted under the gazetted Indian Adoption Regulations
The ministry of home affairs’ March 4 notification has created a dilemma for non-resident Indians hoping to become parents through adoption or surrogacy due to disparity in Indian laws.
NRIs have been equated to overseas citizens of India (OCIs) in matters of inter-country adoption. Gazetted Indian Adoption Regulations, 2017 (AR) treat NRIs at par with resident Indians when it comes to adopting an Indian citizen. Despite the Surrogacy (Regulation) Bill, 2020 proposing to allow surrogacy for OCIs, the March 4 notification makes no mention of the same.
Our constitution does not allow dual citizenship. Upon voluntary acquisition of the citizenship of another country, a person ceases to be an Indian citizen. A child born to foreign citizens of Indian origin cannot become a citizen of India, as neither parent is an Indian national. A new category of citizenship, OCI, was created in 2005, which gave overseas citizens limited privileges and no rights. The March 4 notification defines an OCI as a foreign national holding the passport of a foreign country and who is not a citizen of India.
Both the constitution and Citizenship Act (CA), categorically prohibit dual citizenship. CA specifically prohibits OCIs from having political and other rights. They have, however, been granted multiple entry life-long visa facility for visiting India for any purpose at any time. They are also exempted from registering with the Foreigners’ Registration Office or police authorities, for any length of stay in India and are entitled to benefits notified under CA by the Centre from time to time.