Cross-border surrogacy often results in childhood statelessness due to irreconcilable rules on legal parentage and nationality between the country of birth and the country that the commissioning parents belong to, India was a major destination for such arrangements until the Surrogacy (Regulation) Act, 2021 prohibited commercial surrogacy for foreign nationals and confined altruistic surrogacy to close relatives of the commissioning couple. The Act has curtailed new commercial arrangements involving foreigners. It has not resolved the status of children already born through prior arrangements or the position of Indian citizens who commission surrogacy abroad. The Citizenship Act, 1955 predominantly follows a jus sanguinis model. This means that citizenship by birth is not automatic unless at least one of the parent is an Indian citizen. When this rule operates together with the non-recognition of foreign parentage orders, the statutory scheme creates a compound risk of statelessness. International human rights law, with particular regard to Article 7 of the United Nations Convention on the Rights of the Child, guarantees to every child the right to acquire a nationality. Domestic legal systems nevertheless often refuse to recognise intended parentage established through foreign surrogacy arrangements on public policy grounds. Indian constitutional obligations under Articles 21 and 39(f), as elaborated in Sheela Barse v Union of India , impose a duty on the State to protect children. It remains unclear whether these obligations extend to the prevention of surrogacy-induced statelessness. This paper examines the doctrinal gaps in Indian constitutional and statutory law that permit childhood statelessness in cross-border surrogacy cases. It evaluates whether the Surrogacy (Regulation) Act, 2021 satisfies or aggravates the obligations and considers if it is feasible for steps like targeted legislative amendments, including clearer prohibition and residual nationality mechanisms, that remain consistent with constitutional values and India’s treaty commitments.