The Australian citizenship process is well defined (although the process is periodically changed), requiring a DNA test and additional documentation. The Australian High Commission in India's web site state states:
Applications for Australian citizenship by descent for children born outside Australia as a result of surrogacy arrangements are assessed according to legal requirements set out in the Australian Citizenship Act 2007 (the Citizenship Act), and the policy guidelines set out in the Australian Citizenship Instructions.
Under these guidelines, a child born overseas as a result of a surrogacy arrangement may be eligible for Australian citizenship by descent if at least one of the biological parents is an Australian citizen who has been granted full parental rights by a court of law.
In addition to the general documents required for applications for Australian citizenship by descent, applications for Australian citizenship by descent for children born in India as a result of surrogacy arrangements need to be accompanied by:
- evidence that the child is the biological child of the intended parent; and
- evidence that this parent is also recognised as the legal parent of the child and that the surrogate mother and her husband or partner (if applicable) has relinquished all parental rights over the child.
Evidence of the above can be given in the form of:
(a) court documentation OR
(b) DNA testing and written advice confirming legal parentage
DNA testing is by far the quickest option (we don't know of anyone who has tried to prove parentage by court documentation) as citizenship will not be granted until this evidence is provided. Passports will not be issued until citizenship is granted.
The full description with more details can be found at http://www.ausgovindia.com/ndli/vm_surrogacy.html or http://www.india.embassy.gov.au/ndli/vm_surrogacy.html.
As the details of the requirements do continue to evolve, it's a good idea to check the pages above. Most people have also suggested contacting the consulate before traveling, so that they are familiar with your case when you do arrive.
Other descriptions of the process include: