Children born to German lady in India in the womb donated by Indian lady can be granted Indian citizenship. The bench comprised of Chief Justice K.S.Radhakrishnan and Justice A.S.Dave of the Gujarat High Court held that since the children are born in India from a womb donated by Indian lady, they have a right of Indian citizenship.
The case arised when an Indian lady donated her womb to a childless German lady and the Ahmedabad Passport Office denied citizenship to children born as the father and mother are Germans. The father gave petition to Gujarat High Court. He argued that since the practise of such donation is not barred by any law
the citizenship can be granted. The hon'ble Court while answering in the affirmative also pointed out that the children cannot be treated as having no mother and no motherland.