K.S. RADHAKRISHNAN, C.J. The question whether a child born in India to a surrogate mother, an Indian national, whose biological father is a foreign national, would get citizenship in India, by birth, is a momentous question which has no precedent in this country.

2. Petitioner is a German national and is a biological father of two babies given birth by a surrogate mother by name - Marthaben Immanuel Khristi - a citizen of India. Petitioner's wife Susanne Anna Lohle is a German national. Due to biological reasons, the wife of the petitioner was not in a position to conceive a child. Desiring to have a child of their own, they opted for In Vitro Fertilization (IVF). Assisted Reproductive Technology Infertility Clinic at Anand came to their help. Investigation revealed that wife of the petitioner would not be in a position to reproduce ova (eggs) as a result of which it would not be possible to conceive a child even with the help of a surrogate mother by using the sperm of the petitioner. An Indian citizen keeping anonymity volunteered to donate ova, and through a scientific process the petitioner's sperm was fertilized with the donor's ova and the fertilized embryo was implant