- Stating that there is no law which bars parents from entering into gestational agreements, Civil Judge Chitranshi Arora of the Saket Court has declared a couple as the legal and biological parents of a surrogate child.
- The Court observed that while there is no law barring gestational agreements, ICMR guidelines regulate surrogacy arrangements in India. It isin those guidelines that it is clearly provided that the child would be considered the legitimate child of the couple who have chosen surrogacy. That child would have all the rights of parentage, support and inheritance.
- In the instant case titled Ashish Wadhwa and Anr vs. Chaphala Haladar and Anr., the couple has entered into an agreement with the defendant that she would be the surrogate mother of their baby with the consent of her husband, and would not be biologically related to the child. It was further agreed between the parties that the defendants would have no say and would raise no objections to the intended father and mother to be the sole custodian of the child.
- The agreement was carried out. A baby girl was born through IVF and was handed over to the plaintiffs. While there was no dispute over the fact that the plaintiffs were the biological parents of the child, it was their contention that the defendants might claim custody of the baby in the future. It was under this apprehension that the plaintiffs filed a declaratory suit under Order 12 Rule 6 of CPC and requested an injunction in their favour.
- The Court observed that the Contract between both the parties satisfies the conditions laid down in Section 10 of Indian Contract Act, meaning thereby that both the parties were competent to contract. In the instant case, there were no objections by the defendants to the same. Thus this agreement was legal and executable.
- In the light of the aforesaid contentions, the Court was of the opinion that the plaintiffs were entitled to a decree under Order 12 rule 6 of CPC. The Court also directed the defendants to not violate the terms of the agreement in the future.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
