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Showing contexts for: surrogacy regulation act in Chandrashekar N S vs Nil on 3 December, 2024Matching Fragments
ORDERS This petitioners No.1 and 2 have filed by the petition under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021 seeking an order of parentage and custody in favour of petitioners No.1 and 2 with regard to the child to be born through surrogacy by the petitioner No.3 the surrogate mother.
2. To support the petition, the petitioner No.2 is examined as PW-1 and got marked Ex.P-1 to Ex.P-16 documents. The petitioner No.1 is examined as PW-2. The petitioner No.3 is examined as PW-3. Ex.P1 is the notarized copy of Aadhar card of petitioner No.2, Ex.P2 is notarized copy of Aadhar card of petitioner No.1, Ex.P3 is the notarized copy of Marriage Certificate, Ex.P4 is the notarized copy of Surrogacy Certificate of Medical Indication issued by District Medical Board, Ex.P5 is the notarized copy of Case summary of petitioner No.2, Ex.P6 to Ex.P8 are the notarized copies of Aadhar Card of the petitioner No.3, her husband and her son respectively, Ex.P9 is the notarized copy of School Study Certificate of the son of the petitioner No.3, Ex.P10 and Ex.P11 are the notarized copies of medical documents of the petitioner No.3, Ex.P12 is the notarized copy of Form No.19 of Petitioner No.3, Ex.P13 is the notarized copy of Form No.2 Consent of Surrogate mother, Ex.P14 and Ex.P15 are the notarized copies of Insurance Policies and Ex.P16 is the notarized copy of Certificate of Surrogacy.
3. At this juncture this court would like to quote the provision contemplated under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021;
"An order concerning the parentage and custody of the child to be born through surrogacy, has been passed by a court of the Magistrate of the first class or above on an application made by the intending couple or the intending woman and the surrogate mother, which shall be the birth affidavit after the surrogate child is born".
5. The petitioner No.1 and 2 have also obtain Ex.P14 Certificate of Surrogacy Registration from Milann - A Unit of BACC Healthcare Pvt Ltd, No.1109, 24 th Main Road, TMC Layout, 1st Phase, J.P.Nagar, Bengaluru-560078 and the petitioner No.3 has agreed and given consent to be the surrogate mother. Considering the evidences of the petitioners and the documents produced by the petitioners, the petitioners have complied with the legal requirements enumerated under Sections 4 and 6 of the Surrogacy (Regulation) Act, 2021 and they have undertaken for compliance of Section 7 of the Surrogacy (Regulation) Act, 2021. The petitioners have made out sufficient grounds to allow the petition. Keeping in view of the above legal compliance and eligibility, it appears that there are no legal impediments to grant the relief to the petitioners as prayed in the petition. In view of the above findings, I proceed to pass the following:-
ORDERS The Petition filed by the petitioner under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021 is hereby allowed.
It is hereby ordered that petitioners No.1 and 2 are the parents and they are entitled for the custody of the child/children to be born through surrogacy procedure from the petitioner No.3/Surrogate Mother and it shall be the Birth Affidavit for the Surrogate Child/Children that may be born.