IN SURROGACY AN EGG DONOR CANNOT CLAIM THE RIGHTS OF A BIOLOGICAL MOTHER RULED BY THE BOMBAY HIGH COURT

by | Aug 14, 2024

Headline

The Bombay High Court ruled, No Parental Rights to an Egg Donor in Surrogacy Case 

Summary

The biological rights of a mother cannot be claimed by an egg donor in a surrogacy case, by giving visitation rights to the petitioner, the twin daughters legal mother .

Key Facts

  • Name of the judge-Justice Milind N Jadhav
  • Access to her daughters born through surrogacy by the petitioner,using her younger sister’s eggs.
  • The husband of a petitioner relocated the children to Ranchi, causing a legal dispute.
  • The Bombay High Court rejected the claim of the younger sister to be the biological mother.

Legal Insights

The judge said that an egg donor is not entitled to parental rights,under the 2005 National Guidelines for ART Clinics.The Court explained and cleared that a genetic connection does not equate to legal motherhood.

Impact

The Bombay High Court decision showed a clear precedent and legal clarity that egg donors have no parental rights in surrogacy cases. The petitioner got regular visitation rights, safeguarding her relationship with her daughters.

Why It Matters

The Bombay High Court ruling creates the legal framework surrounding surrogacy and parental rights, by providing protection to the interests of all parties, mainly the children, in complex family matters.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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