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.