Pune Court Simplifies Surrogacy Process For Intending Couples
The Magistrate Court in Pune has clarified a crucial aspect of surrogacy laws, easing the legal path for intending couples seeking parenthood through surrogacy. The court ruled that a child born via surrogacy must be genetically related to the intending couple, not necessarily to the surrogate mother, as per Section 2(1)(zg) of the Surrogacy (Regulation) Act 2021.
This clarification came following applications by two different intending couples represented by Advocates Asim Sarode and Shriya Awale under Section 4(iii)(a)(II) of the Act. The court sought guidance from the Karnataka High Court’s interpretation, which emphasized the child’s genetic connection to the intended parents over the surrogate.
Additional Chief Judicial Magistrate J.S. Bhatia’s decision affirmed that the parentage and custody of children born through surrogacy would rightfully belong to the intending couple. Advocate Asim Sarode highlighted that this ruling removes significant hurdles for couples navigating surrogacy, especially under Section 8 of the Act, which grants such children all rights and privileges akin to biological children.
The ruling is expected to streamline the understanding of surrogacy laws across various courts, ensuring clarity and protection of rights for intending couples and their future children. It marks a significant step towards simplifying the legal landscape of surrogacy in India, promoting clarity and fairness in the process of parenthood through assisted reproductive technologies.
This decision by the Pune Court addresses longstanding ambiguities and ensures that couples pursuing surrogacy can do so with a clearer legal framework, safeguarding their rights and the well-being of their prospective children under Indian law.
