India banned surrogacy for gay couples and single people earlier this year, leaving those who have babies in the womb in a difficult situation.
The home ministry in India has clarified the position for gay couples who have already taken steps to have babies via Indian surrogate mothers before the rules were changed earlier this year.
In January the home ministry announced that they would no longer issue medical visas to gay couples and single people who wanted to have children via surrogacy in India, ending dreams of parenthood for many people.
Complications have arisen for people who have already made surrogacy arrangements in India but whose babies have not been born yet.
Australian couple Paul Taylor Burn and Josh (no surname given) are one pair of prospective parents who have been left in the lurch by the change in visa rules.
The couple are quoted in the Hindustan Times expressing their concern that their twin babies will be left stateless and will not be issued exit visas to allow them to be taken to Australia.
But a home ministry official gives some reassurance, telling Hindustan Times that exit visas would be given to babies born in this situation on a case-by-case basis after checking the foreigners or surrogacy clinics were not trying to get around the ban.
'But this is a special case,' said a senior home ministry official. 'Else, we will be left with hundreds of parentless, stateless children. We can't open an orphanage for them.'
The official said that those who try to ignore the ban in the future will be dealt with seriously.