incidence-Difference
-Value of medical opinion-Duration of pregrancy-Period of
gestation-Substantial question of law--Comcurrent finding of
fact--Power of Court to remand ... intercourse with his wife and no question of an abnormal
period of gestation had been raised until the trial and then
only by the commissioner
husband defendant
No. 2 as a confirming party entered into gestational surrogacy agreement dated
16.08.2010 (now Mark A), the plaintiff is the first party ... documents were
also executed between the parties to give effect to the gestational surrogacy
agreement. Paragraph 14 of the plaint reproduces the obligations undertaken
hospital record was based on the information passed on by her. The gestation of the child was also mentioned in the hospital records based ... premature delivery. As indicated earlier, out of the 40 weeks of gestation, she has completed 38 weeks. Moreover, the child weighed 3.80 kgs. Though
months. She has stated that the birth of child was after the gestation period of 8 or 8 1/2 months. As per her statement ... able to give the particulars of those children. She has given the gestation period of the child as 8 or 8 1/2 months looking
valid marriage or within 280 days (i.e., within
the period of gestation) after its dissolution shall be
"conclusive proof" that the child ... valid marriage or during 280 days (within the
period of gestation), it shall be conclusive proof that it is
legitimate unless it is proved
days.
8. There can be no precise calculation of the period of gestation as it cannot he rigidly fixed. In Mahendra v Sushila ... observed that the usual period of gestation from the date of the first coitus is between 265 and 270 days and delivery is expected
allowing 40 days of gestation period,
not handing over the draft copy of the Bank Guarantee
immediately while issuing Selection Intimation Letter, not
incorporating ... structures at bus stands, the Plaintiff requested to
extend gestation period from 01.04.2013. Thereafter, on
23.03.2013, the Ex.P.7/Agreement was executed
that defendants be
restrained from acting in contravention to the terms of
Gestational Surrogacy Agreement dated 23.09.2013 and to
remain bound by the terms ... through In Vitro Fertilisation but the
same did not succeed and thus, Gestational Surrogacy was
only option left for the plaintiffs, since the plaintiffs were
large extent, focused
on the child carried by the gestational mother. There may be myriad
situations in which the interest of the child, while still ... womb of the
gestational mother, may require to be safeguarded by the commissioning
mother. To cite an example, a situation may arise where a commissioning
baby", the same shows that the child was born when the gestation
had attained 37 complete weeks but less than 42 weeks in other ... pregnancy of
the petitioner as well as the period of gestation as any finding or
expressing opinion on that would definitely weigh in the minds
