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Bombay High Court
Decided on: 13.08.2024

National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India by Indian Council of Medical Research, 2005, Guideline No.3.12.1, 3.16.1 -- Surrogacy (Regulation) Act, 2021 (47 of 2021), Section 2(r), 2(zd), 2(zg), 3, 4, 53 -- Assisted Reproductive Technology (Regulation) ACT, 2021 (42 of 2021), Section 31 -- Birth by surrogacy in 2019 – Altruistic surrogacy through an egg donor --   Right of Donor -- Guidelines of 2005 are applicable --  Under Guideline No.3.12.1 and the Surrogacy Agreement dated 30.11.2018, it is clearly stated that a child born through ART shall be presumed to be the legitimate child of the couple as having been born from the wedlock and with the consent of both the spouses -- Though the younger sister of Petitioner is the oocyte  donor, she has no legitimate right to claim that she is the biological parent/ mother of the twin daughters -- She may qualify to be a genetic mother and nothing more, but by such qualification she would have no intending legal right whatsoever to claim to be the biological mother of the twin daughters as the law clearly does not recognise so.

 

(Para 7.7, 9.2, 9.9, 9.10, 12, 17)

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