British citizenship based on the legal citizenship of the genetically linked parent

Nov 17 2009

Last week's decision by chief justice KS Radhakrishnan and justice AS Dave in Gujarat, India, high court is still reverberating amongst the more than 300 medical clinics in India that are part of the estimated $5.2 billion assisted reproductive technology (ART) industry in that country.

Mendel Zilberberg, CEO for Mumbai based Proactive Family Solutions Pvt. Ltd, was quick to comment: "Many personal, medical and emotional considerations come into play for intended parents considering ART. The convergence of these, along with a significant financial advantage, gives rise to the outstanding options available in India. However, this is not a do-it-yourself industry. The unfortunate situation that has resulted for the couple from Germany could likely have been avoided with proper legal guidance and support."

Vinay Menon of Mumbai, India-based law firm Menon & Associates (www.menonlawassociates.com) and Indian Counsel for Proactive Family Solutions defended the high court's decision: "India has much experience with commercial surrogacy. There is great respect for the genetic parents who choose to travel to India to pursue this option. First and foremost, the courts of India acknowledge their responsibility to protect the rights of the child. In the case of Jan and Sussane Balaz, the German couple in the middle of this tornado, one must realize that commercial surrogacy is not legal in Germany. And, while the intended parents are residents of the UK, the twin boys born to this couple cannot claim British citizenship based on the residency of the parents; only based on the legal citizenship of the genetically linked parent. It is most unfortunate that the parents may not have been properly advised prior to its arrangement with the clinic in Anand."

SOURCE Proactive Family Solutions