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Egg donor has no legal rights over a child born through surrogacy! Bombay High Court’s decision

by Sveta Goyal
August 14, 2024
Egg donor has no legal rights over a child born through surrogacy! Bombay High Court's decision


Bombay High Court Verdict on Surrogacy: The egg donor has no legal rights over a child born through surrogacy. Egg or sperm donors cannot claim parental rights over a child born through IVF treatment. The Bombay High Court has given this verdict on Tuesday. The court has said in a case that the donor cannot get the rights of a biological mother over a child born through surrogacy. Under the Surrogacy Act, the donor has only a biological contribution and the legal parents of the child are identified at the time of birth. This decision has clarified the boundaries between the rights of surrogacy and donor.

The Bombay High Court has quashed the order of the Thane court in which the petitioner woman was denied meeting her twin children because she was not their biological mother. While giving its verdict on this matter, the High Court said that by donating eggs or sperm by a person, they cannot claim parental rights over children born through surrogacy or in vitro fertilization (IVF) treatment. This decision has come in a case in which the donor had demanded legal rights over the child. The court rejected this claim of a woman. Apart from this, the mother of the children was allowed to meet them.

The High Court said that the identity of the legal parents of a child born under the Surrogacy Act is pre-determined and the donor’s rights are limited only on biological basis. The court also said in its decision that it is extremely important to follow the laws to protect and ensure clarity of legal rights in the case of surrogacy. This decision is an important step in understanding the legal aspects of surrogacy and will also have an impact on the legal processes related to it.

What is surrogacy? Understand in simple language

WebMD’s Report According to him, surrogacy is a system in which a woman becomes the mother of another couple’s child through IVF process. There is a legal agreement in this, under which the woman gives birth to the child and after birth, the other couple gets the rights of the child’s parents. The woman who gives birth has no legal rights over the child after it is born. Commercial surrogacy is banned in India, under which no one can get a woman to do surrogacy by paying money. However, surrogacy is allowed in some cases with conditions. In many countries, couples pay money to a woman to conceive and after birth, the child becomes the couple’s.

Also read- This man is the father of misers! He lived on rice and vegetables for 21 years, now he has become a millionaire and is living a luxurious life

Tags: Bombay High Court, Health, Lifestyle

FIRST PUBLISHED : August 14, 2024, 09:37 IST

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