Solicitor General Gopal Subramanium informed a Bench of Justices G S Singhvi and Asok Kumar Ganguly, that the visa plea of the twins were rejected by the Germany, citing surrogacy as a 'punishable offence' under German laws.
However, Germany agreed to grant permission of adopting the children through inter-country adoptions under the Hague convention to the German Couple, John Dalaz and his wife, Susane L'o'hle.
Keeping with Germany's condition, Solicitor General said that India was willing to grant temporary citizenship to the twins to help in the adoption process.
The case of the twins of a German couple, born of an Indian mother, Martha Immanual Khristy came to light, when the couple sought Indian citizenship for the babies born in Feb 2008, after they were turned down by the passport authorities
The couple knocked the doors of the Gujarat High Court, stating that accordance of Indian citizenship will facilitate the children's entry into Germany, as country did not recognize surrogacy.
On Nov 11, the High court instructed the Centre to grant citizenship taking into consideration that being born of an surrogate Indian mother, the twins were entitled to Indian citizenship.
In response the Center filed the appeal in the apex court.
Citing Citizenship Act, 1955, the Center said that since the commissioning parents were a German couple, the twins cannot be treated as Indians citizenship, which rules out the question of granting passports to the children.