Pune Magistrate Court Clarifies Surrogacy Law, Eases Path for Intending Parents
Pune, 30th July 2024: In a landmark decision, the Magistrate Court at Pune has clarified that a child born through surrogacy must be genetically related to the intending couple, thereby simplifying the legal process for couples pursuing surrogacy to have a child.
Two different intending couples, represented by Advocates Asim Sarode and Shriya Awale, had filed applications under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act 2021. However, the applications encountered a roadblock when the court requested an interpretation of the term “genetically related” as defined in Section 2(1)(zg).
The Karnataka High Court’s verdict provided crucial guidance, stating that “the words ‘genetically related’ in Section 2(1)(zg) can only mean that the child to be born through surrogacy should be genetically related to the intending couple. This interpretation prevents the illogical notion that the surrogate mother should be genetically related to the intending couple, which would contradict both altruism and logic.”
Taking this into consideration, Additional Chief Judicial Magistrate (CJM) J.S. Bhatia of the Pune Court declared that the parentage and custody of a child born through surrogacy would belong to the intending couple.
Advocate Asim Sarode commented, “This order has removed a significant hurdle for intending couples who wish to have a child through surrogacy. Now, Section 8 of the Surrogacy (Regulation) Act 2021 can be more effectively understood by various courts. According to this section, a child born out of a surrogacy procedure shall be deemed the biological child of the intending couple and shall be entitled to all rights and privileges available to a natural child under any law.”
Advocate Shriya Awale, who has extensive experience in handling surrogacy cases, remarked, “The surrogacy law is still struggling to be fully understood and clarified within the judicial framework. This ruling is a significant step towards better comprehension and application of the law.”
This decision is expected to provide much-needed clarity and ease for many couples navigating the complex legal landscape of surrogacy, ensuring that their rights and the rights of their future children are protected.
