Surrogacy mother rejects to give the child to Biolajical parents
Vijayalakshmi K
(Querist) 19 March 2011
This query is : Open
"X" and "Y" are Husband & wife respectively and both are earning totally 2.5 (approx) lakhs per month. Married in Jun 1990, and living very happily. But the curse of fate tested their patience for 2 decades for not having a single child. "Y" decided to have a child (to continue their generation) by any sort of womb technology like ART
( Artificial Reproductive technology).
On one day "Y" met her school friend "Z" when she went for shopping. "Y" felt very happy and invited her friend "Z" to visit their home. Later "Z" visited "Y" house (15-08-2009) on repeated requests of "Y". Both recollected their school days and sweet memories, but "Y" felt very sad on the tragic events of "Z" like "discontinue of studies", "married to an undisciplined & Reckless husband", "death of her husband in an accident", "struggle to live with one daughter" etc.,
Later "Z" started to visit "Y" house frequently. This emboldened "Y" to request "Z" to bear a child for her through Artificial Insemination and she assured that she would take care of the interest of "Z"'s daughter in respect of her education and marriage and also promised to deposit Rs.5,00,000/- in name of "Z" and her daughter.
"Y" prevailed upon "Z" to concede to her request and deposited Rs.5,00,000/- in Andhra Bank, Hyderabad on 15-11-2009
On 1-12-2009, "X", "Y" and "Z" went to "WWW Fertility Center", Hyderabad and requested Doctor "M" to help them in their mission. Dr. "M" asked them to come on 6-12-2009. On that day DR."M" had taken the SPERM of "X" and introduced the Fructified Zygote in the womb of "Z" successfully. Both "X" & "Y" have been showering good deal of love and affection upon "Z" and her daughter, and all are in good spirits and happiness.
On 10-09-2010, "Z" gave birth to a male child on this "X" & "Y" are in ecstasy. After discharge from the hospital, "Z" refused to stay in the home of "X" & "Y" and she left for her home.
"X" & "Y" could not resist their longing for the child and used to visit "Z" daily. After 3 months "X" and "Y" requested the "Z" to give the child to them as per their understanding & agreement, but "Z" refused to oblige them.
"X" & "Y" are disappointed and forced to approach the District & Sessions Judge, RangaReddy District seeking for the custody of the child.
As a defendant Lawyer (on “Z” side) My Question’s are:
1.Rights of Surrogate Mother (my Client) on this child. So what will be the case if she will refused to give child to the Plaintiffs
2.Value of Case is more than 5,00,000 including Deposit, ART Hospital & Medical expenses and living expense of my client and daughter. So this suite is valid to approach District & Sessions Judge court?
and also require some valuable points to fight Defendent ("Z") side
