Munmun Kaur
Published On: January 01, 2022 at 12:05 IST
Delhi Court stated that, there is no Law in the Country that bars parties from entering into gestational agreements. The Court made the observation while declaring a couple as Legal and biological parents of a child born out of Surrogacy.
Civil Judge Chitranshi Arora further made an observation that although there is no statute governing surrogacy Law in India, the guidelines issued by ICMR regulate the Surrogacy arrangements in the Country.
The Court in its Order stated that, the guidelines clearly lay down that the child born out of Surrogacy arrangement will be considered as the legitimate child of the couple born within the wedlock and with all the Right of parentage, Support, and Inheritance.
The parents were under the apprehension that the surrogate mother might claim the Custody of the child in the future, therefore they sought an injunction and declaration from the Court, in their favour.
On the other hand, the surrogate mother, in her written statement submitted that she had complied with all the terms under the gestational Agreement. The statement further read that she had nothing to do with the parents of the child and that for all intents and purposes the child was of the parents.
The Court also pointed out that although, the Surrogacy Regulation Bill, 2019 was introduced but it has not become the Law of the land yet and it is necessary to understand Law about Surrogacy in India.