Supreme Court to decide if India-born kids of foreigners can get citizenship

India Jan 12, 2026

The Supreme Court is set to hear a case about Rachita Francis Xavier, who was born in Andhra Pradesh in 2006 to parents who were US citizens at the time of her birth, having previously been Indian citizens.
Her attempt to get an Indian passport was denied because, under current law, at least one parent must still be an Indian citizen for children born after December 3, 2004.

Why does it matter?

This isn't just about Rachita—it could affect many kids born in India whose parents aren't citizens anymore.
The court's decision will clarify if these children are considered illegal migrants or if there's a fairer path for them to become citizens.
It could also help prevent statelessness for others in similar situations.