German twins' father makes desperate plea

German twins' father makes desperate plea

27 Feb 2010, 1528 hrs IST

Time has almost run out for Jan Balaz to get his surrogate twin son Leonard and Nikolas Balaz back with him to Germany, with Balaz's visa expiring in a matter of days. Speaking to your channel Balaz says he's been told that he will not receive an extension.

Meanwhile, apparently unconcerned and notwithstanding the tense visa situation, the Indian judicial system continues to plod along at its usual pace, with the next hearing scheduled in the Supreme Court on March 16. Aggravating the situation is the snail's pace of Indian bureaucracy - although admittedly there is no legal guideline on the subject of citizenship (by birth) of surrogate children, the executive has been unwilling to resolve the matter of the twins by making a one-time exception on humanitarian grounds as it is reluctant to set a precedent.

The children were born in 2008 to a surrogate mother in Gujarat, but biologically descended from German parents. The Ministry of External Affairs, through the Regional Passport Office, initially granted a passport to the twins under the 'tatkal' scheme but later issued a notice withdrawing the passports.

Germany has refused to grant the children citizenship as surrogacy is illegal in that nation, while the Indian government grants a passport only if the child's biological parents are Indian citizens.

The parents' last resort of adoption is also mired in complex procedural paperwork and consequent delays. The Central Adoption Resources Agency (CARA)does not grant adopted status to surrogate children.

Balaz said despite assurances from the Government ever since the case made the headlines no action seems to have been taken.

"I'm tired of struggling. My only prayer is that let me take my children back to Germany. Let me give them a real home," said the weary father. He added, "My visa expires on 20th March and the Indian Home Ministry said this is the last extension. I need some help."

If Balaz's case is adjourned again in March, he will be forced to leave his little ones back in India.

Ever since TIMES NOW reported the story there have been several assurances from the Ministry of External Affairs that the case would be given special consideration on humanitarian grounds due to the kids' distress. Both the Union Law Minister and the Minister of State for External Affairs have said on record that no law should come in the way of humanitarian concerns and promised to take the matter up on sympthay grounds.

"After all they are human beings we don't want these children to be indefinitely in the limbo. The ministry will look at it with sympathy," Tharoor had stated on TIMES NOW.

But in reality there has been very little done to give these stateless children a home and a nationality.

The Government on Thursday (February 25)told the Supreme Court that it is willing to waive some of the restrictions in adopting children born through surrogacy to help the German couple adopt their twin sons. A bench of Justice A.K. Ganguly and Justice R.M. Lodha then asked the government to file an affidavit stating its intention to waive the stipulations to help German national Jan Balaaz and his wife.

Advocate Kamini Jaiswal who is appearing in court on behalf of the twins, told the bench that Germany treats childbirth through surrogacy as illegal and has "flatly said that it will not do anything" to help the couple. She said her client's parents, who are natives of Serbia, have initiated some steps for adoption of the twins born to a woman in Gujarat.

At this, a government counsel apprised the court about its willingness to relax its adoption norms for children born through surrogacy.

Central government has challenged a Gujarat High Court ruling asking the Government to grant an Indian passport to the twins.

"I don't know why the Government of India wants this. Let them put their house in order first, as there is no law on the subject," Jaiswal has told TIMES NOW.

Time is of the essence, as Nicholai and Leonard may soon be literally without parents, unless the case is resolved soon.