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2. It is stated that plaintiff visited India in month of March, 2012 as she learnt that advanced ART (Assisted Reproductive Technologies) procedures such as IVF (In Vitro Fertilization) is not illegal in India and that there are various ART Clinics which are operating in India. It is stated that plaintiff is one of unfortunate person having infertility problem and hence not able to conceive child by natural process on account of medical reasons and that all the medical assistance has failed to help plaintiff to have a child by natural process. It is stated that plaintiff before visiting to India had left hope of ever being able to have her own child, however, when she heard about ART Clinics and the procedure, she could see a ray of hope of being parent and having her own child.

3. It is stated that plaintiff was able to find one such ART Clinic operating in Delhi, visited the same and discussed her problem. It is stated that various investigations were carried out on plaintiff by concerned doctors at the said clinic to know cause of infertility of plaintiff. It is stated that thereafter, plaintiff was advised process of ART vide IVF.

4. It is stated that after understanding procedure, plaintiff entered into a Gestational Surrogacy Agreement dated 10.03.2012 between her on the one hand and defendant no. 1 on the other hand and defendant no. 2 was made a conforming party to the said agreement. It is stated that as per this agreement, plaintiff is intended mother and defendant no. 1 agreed to act as Surrogate Mother.

5. It is stated that in terms of above said agreement, it was an arrangement between plaintiff and defendants that defendant no. 1 will act as surrogate mother and will give birth to a child for plaintiff by way of embryo transfer in the uterus of defendant no. 1 through IVF process.

6. It is stated that as per the said agreement, it was agreed that for all intents and purposes, the intended mother shall be the legal parent and natural guardian of the child and defendants shall have no say and shall not raise any objections, whatsoever, with respect to intended mother being parent of the child. It is stated that plaintiff gave full financial support to defendant no. 1 during term of pregnancy and has also complied with conditions with respect to financial terms and all medical related expenses. It is stated that apart from the said Gestational Surrogacy Agreement, certain other documents were also executed between the parties to give effect to the Gestational Surrogacy Agreement.

8. It is stated that defendant no. 1 had entered into Gestational Surrogacy Agreement to conceive, carry and give birth to child for plaintiff out of her own free will and defendant no. 2 being husband of defendant no. 1 had given his unequivocal consent and permission to defendant no. 1 to become surrogate mother.

9. It is stated that Gestational Surrogacy Agreement deals with obligations of the parties with respect to custody and parentage of child born out of surrogacy agreement and shall continue to exist even after termination of agreement. It is stated that defendant no. 1 under the said agreement gave birth to a baby boy on 15.11.2012. It is stated that sperm for the child were taken from anonymous donor. It is stated that the said baby boy is born under the Surrogacy Arrangement through ART Process and plaintiff is biological mother of the baby boy. It is stated that the said baby boy is born through ART Process by which embryo was transferred in the uterus of defendant no. 1 through IVF and egg of plaintiff was used for developing the embryo. It is stated that defendants in terms of abovementioned agreement, have given custody of said baby boy to plaintiff.