The Bombay High Court on Monday, While Hearing A Plea By A Nearly 38-Old Divorced Woman Seeking To Have a Child Through Surrogacy, Said Granting Relief To Her May Have Wider ‘ Questioned WHER A SINGLE Woman was entitled to Have a Child Through Surrogacy.
The HC said it had to also consider Rights of the Child Born and not just of the woman and the wondered if granting interim relief to the woman, whose was rejected by the civil surgeon “Commercialism of surrogacy”.
However, after it was pointed out that Larger Issue of Whaler a single woman can avail surrogacy was pending before the supreme court, The HC Said IT was unable to granting the granting and adjurry tilling. Die and suggested the petitioner approach the sc.
A division bench of justice girish s kulkarni and advait m sethna was hearing a plea for surrogacy by the woman whose two children are in custody of their father.
Advocate Tejesh Dande, Representing the Woman, Submitted that in 2012, She Had undergone ‘Hystectomy’, and her uterus was removed. In 2017, she got divorced by mutual consent, howver bottom children are in the custody of their father and she has not had access to their sister 2017 and “does not have any moteld relation” with them.
Dande Said the petitioner is staying just divorce and being a working woman, she is capable of maintening herself. He added that even thoughts have been removed to medical complications, she is capable of using her own Eggs for surrogacy.
Dande Further Said that as she has desired for ‘motherhood’, she doctor for having a child assured reproductive technique (art), However, due to removal of uterus, the doctor sugged Hergsted.
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In 2023, after experimenting her, the director of a private wrote to the civil surgeon of the distribut hospit hospit to issue a Certificate of Medical Indication of the Petitioner to Allow to Uncle’s. Procedures required for surrogacy.
Earllier this month, as per HC directions, the medical board of the distribut hospital exams and the civil surgeon heart that petitioner was “not ineligible” for Surrogacy.
The distribution hospital referred to section 4 (iii) (a) of the surrogacy (regulation) Act 2021, which intending couple or intending woman is eligible to avail surrogy only if in. Child – Biological, Adopted, Or Born Through Surrogacy.
As per the law, an exception is made in case the existing child is suffering from a life-threatening disease, physically or mentally challenged.
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The distribution of hospital say in the present case the petitioner had two living and healthy biological children from previous marriages and “custody status or remarReage does not neglect her inward”.
When the matter came up for hearing during the pre-Lunch session, the bench questioned what hopes if in fact an unmarried couple seeks to go for surrogacy but they separate and if the invention of the legislation.
“WHER SUCH PARNING is permissible? Who will be the father of the child?… This may lead to commercialization of surrogacy. We can think of the woman’s rights.
After it was informed that the sc was seized of the “large issue”, the HC said it was “unable to grant interim relief”. It suggested the petitioner approach the sc. It is granted Liberty to the woman to apply to the HC again after the sc Decision.