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Apex Court Allows Woman Unable To Produce Oocytes To Undergo Surrogacy, Stays Provision In Surrogacy Rules Qua Petitioner

The Supreme Court yesterday allowed a 38 year-old woman with a congenital disorder known as Mayer-Rokitansky-Kuster-Hauser (MRKH) syndrome, also referred to as Müllerian Aplasia to undergo Surrogacy, as she is not able to produce oocytes in absence of the uterus. The bench further stayed the amendment Para 1(d) in Form 2 of the Surrogacy (Regulation) Rules, 2022 only with respect to the present petition. The medical reports of the District Medical Board read, "...that she (the petitioner) has absent ovaries and absent uterus, hence she cannot produce her own eggs (oocytes)". It is to be noted that the bench awaited a medical report on whether the petitioner is in a position to produce oocytes or not, owing to her medical condition.

The petitioner-woman intended to achieve motherhood through gestational surrogacy within the legal framework in India, however the substitution of Clause 1(d) in Form 2 which is the Consent of the Surrogate Mother and Agreement for Surrogacy read with Rule 7 of the Surrogacy (Regulation) Rules, 2022 made under the Surrogacy (Regulation) Act, 2021 restricted her to do so. As per the amendment, a couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed.

Accordingly, a bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan observed, “…wife not being able to achieve parenthood owning to the ‘disability on account of an absence of uterus or repeatedly failed pregnancy, multiple pregnancies or an illness which makes it impossible for a woman to carry a pregnancy to viability or pregnancy that is life threatening’, the justification for necessitating surrogacy are all related to the woman or the wife and do not refer to the male at all. Therefore, the whole scheme of the Act revolves upon the ‘disability of the woman to conceive and have a normal child and the medical indications necessitating gestational surrogacy’ in Rule 14 explains the various circumstances which would incapacitate a woman from having a normal pregnancy and having a normal child. In such circumstances, therefore, the intending couple would have to have a child through a donor oocyte because in any of those conditions it may not be possible for the woman to produce oocytes. Otherwise, the Rule 14A which has to be read as part of Section 2r cannot be given effect to all, having regard to the Scheme of the Act”.

While noting that the couple had already commenced the procedure for becoming parents before the amendment came into force i.e. March 14, 2023, the bench further observed, “Therefore, the amendment which is now impeding the intending couple from achieving parenthood through surrogacy, we find is prima facie contrary to what is intended under the main provisions of the Act. In the circumstances, the Amendment is stayed, i.e. Clause 1(d) of Form 2 read with Rule 7 of the Rules, in so far as the petitioner herein is concerned. It is needless to observe that if the petitioner otherwise fulfils all other conditions mentioned under the Act, she is entitled to achieve parenthood through surrogacy”.

Senior Advocate Sanjay Jain appeared for the petitioner and ASG Aishwarya Bhati appeared for the respondent.

Welfare Of Child Is Of Paramount Consideration: Bombay HC Grants Guardianship To Caregiver Over Biological Parents

The Bombay High Court has allotted the Guardianship for a minor child to its caregiver finding the biological parents unfit for the same. The Court, after considering extensive evidence including medical reports, affidavits, WhatsApp communications, and photographs, emphasized the paramount importance of the child's welfare. The petitioner filed a Guardianship Petition seeking legal guardianship of a minor child. The petitioner provided evidence, including a report from Hospital and a discharge card, indicating that he was handed over to her with the consent of his biological parents.

A Bench of Justice R.I. Chagla found, “I have interacted with the minor child Gabriel in my Chambers and have found that he is extremely attached to the Petitioner. Further, the biological mother, Respondent No.2 has deep psychological issues and this was noticed whilst passing of this Order in Court as there was a huge commotion caused by the Respondent No.2 which disturbed Court proceedings. The Respondent No.1 is very aggressive and has acted in defiance of orders of this Court by stating that he will forcefully take Gabriel from the custody of the Petitioner.”

Advocate Filji Frederick appeared for the Petitioner and Advocate Rajiv Basant Chaudhary appeared for the Respondents.

The petitioner argued that she had been taking care of him since his birth, providing for all his needs and ensuring his well-being. The respondents, who were biological parents, contested the petitioner's claims, alleging that their child was forcibly taken from them and seeking his custody back.

The respondents filed affidavits denying the petitioner's contentions and claiming that they had requested his return, but the petitioner refused. The Court also considered WhatsApp communications and photographs, which showed the respondents visiting the child at the petitioner's residence and acknowledging the petitioner as his caregiver.

Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

 

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

 

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Adoption: Woman recalls prejudice she faced as a child

A woman abandoned as a newborn baby by a roadside in Uganda has recalled the "stigma" of growing up as an adopted child in the 1960s and 1970s.

Bharti Dhir was found in a fruit box by a passer-by in the town of Kabale in 1960 before being adopted by a Sikh family.

At the age of seven she accidentally discovered she was adopted.

Now living in Reading, Berkshire, she is helping families starting their own journeys of adopting children.

Ms Dhir, 63, remembers the moment when she inadvertently stumbled upon details of her background at the family home in Uganda.

Vancouver couple pleads not guilty to adopted son’s death

VANCOUVER Wash. (KPTV) - The jury selection began Monday in the trial of a Vancouver couple accused of abusing their adopted teenage son, including starving him to death.

 

The Clark County medical examiner said 15-year-old Karreon Franks died in November of 2020 from starvation and neglect. His adoptive parents, Jesse Franks and Felicia Adams-Franks were charged with murder and homicide by abuse.

They both pleaded not guilty. The jury selection is expected to continue into Tuesday.

Tamil Nadu doctor, broker arrested for trafficking of newborns, health minister

TN health minister M Subramanian added that they had received information a week ago about babies being sold and illegal kidney donations

Chennai: A government doctor, A Anuradha, and a tout have been arrested in Namakkal district for selling seven newborn babies across Tamil Nadu to childless couples from those who had more than two children, said state health minister M Subramanian on Monday.

Tiruchengode town police in Namakkal district arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple. (HT Archives)

He added that they had received information a week ago about babies being sold and illegal kidney donations. “District officials have been investigating for the past one week,” the minister said.

Tiruchengode town police arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple S Dinesh and Nagajothi. The woman had her third baby girl on October 12. The couple previously had two daughters. In his complaint, Dinesh said a woman identifying herself as a nurse said she would give them ₹2 lakh if they sell their baby.