Nationality And Statelessness in Cross-Border Surrogacy: A Child-Centred Framework Analyzing India's Legal and Judicial Responses

Cross-border surrogacy raises complex legal challenges, particularly in determining the nationality and citizenship of children born through such arrangements. In India, the Citizenship Act, 1955 provides no explicit guidance on assisted reproductive technologies, leaving children vulnerable to statelessness due to fragmented laws, discretionary administrative practices and ad hoc judicial interventions. Although the Surrogacy (Regulation) Act, 2021 excludes foreign nationals from accessing surrogacy in India, children born through pre-existing, clandestine or transnational arrangements remain at risk, making the analysis relevant. This paper examines statelessness as a structural conflict-of-laws problem and proposes a child-centred choice-of-law framework as a practical solution. By prioritising the nationality of intended parents and embedding procedural safeguards across birth registration, passport issuance and consular coordination, the framework reduces discretionary uncertainty while aligning Indian practice with international norms, including the Convention on the Rights of the Child and UNHCR guidance on statelessness. Comparative examples from Belgium, Mexico and the United States illustrate the effectiveness of provisional nationality schemes and fast-track registration, while highlighting the limits of harmonisation. The study emphasises that moral or ethical objections to surrogacy cannot justify denying children legal recognition, offering a foundation for future legislative, policy and judicial action.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-06-09
DOI
https://doi.org/10.5281/zenodo.20611767
Primary Topic
Reproductive Health and Technologies
Type
article
Field-Weighted Citation Impact
0.00
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article

Nationality And Statelessness in Cross-Border Surrogacy: A Child-Centred Framework Analyzing India's Legal and Judicial Responses

Ruhi Dubey, Dr. Suman Shrivastava, Dr. Nagendra Kumar Sharma
Zenodo (CERN European Organization for Nuclear Research)
Reproductive Health and Technologies
article

Nationality And Statelessness in Cross-Border Surrogacy: A Child-Centred Framework Analyzing India's Legal and Judicial Responses

Ruhi Dubey, Dr. Suman Shrivastava, Dr. Nagendra Kumar Sharma
article en

Abstract

Cross-border surrogacy raises complex legal challenges, particularly in determining the nationality and citizenship of children born through such arrangements. In India, the Citizenship Act, 1955 provides no explicit guidance on assisted reproductive technologies, leaving children vulnerable to statelessness due to fragmented laws, discretionary administrative practices and ad hoc judicial interventions. Although the Surrogacy (Regulation) Act, 2021 excludes foreign nationals from accessing surrogacy in India, children born through pre-existing, clandestine or transnational arrangements remain at risk, making the analysis relevant. This paper examines statelessness as a structural conflict-of-laws problem and proposes a child-centred choice-of-law framework as a practical solution. By prioritising the nationality of intended parents and embedding procedural safeguards across birth registration, passport issuance and consular coordination, the framework reduces discretionary uncertainty while aligning Indian practice with international norms, including the Convention on the Rights of the Child and UNHCR guidance on statelessness. Comparative examples from Belgium, Mexico and the United States illustrate the effectiveness of provisional nationality schemes and fast-track registration, while highlighting the limits of harmonisation. The study emphasises that moral or ethical objections to surrogacy cannot justify denying children legal recognition, offering a foundation for future legislative, policy and judicial action.

Zenodo (CERN European Organization for Nuclear Research)
Gender equality
Openalex Percentile: Top 6%
Reproductive Health and Technologies
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Nationality And Statelessness in Cross-Border Surrogacy: A Child-Centred Framework Analyzing India's Legal and Judicial Responses — Ruhi Dubey, Dr. Suman Shrivastava, et al. · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS