District Kullu. The
petitioner was blessed with a baby on 10.09.2020 through
surrogacy treatment from Fortis La Femme Hospital S-549
Alknanda Don Bosco Road ... clarification as to whether the
petitioner is entitled for maternity leave on surrogacy.
However, no action whatsoever was taken on the
application of the petitioner
chosen a surrogate mother in Anand, Gujarat
and a surrogacy agreement was entered into between the
biological father and biological mother on one side ... irregularities are being committed.
According to it, in the name of surrogacy a money making
racket is being perpetuated. It is also the stand
Apart from referring to the practice in the Australia where surrogacy was never treated as legal and in U.K., where surrogacy arrangement was legal ... advertising and other aspects of commercial surrogacy was prohibited under the Surrogacy Arrangements Act, 1985. Strangely the respondent in paragraph 18 made the following averments
entitled to avail maternity leave,
though she begets the child through surrogacy.
3. Few facts giving rise to the petition are stated thus:
The petitioner ... eminent Doctor at the Jaslok Hospital to
opt for the surrogacy procedure. After consultation with her
husband, the petitioner decided to have a child through
grant leave for the petitioner to look after her baby born
through surrogacy process, the petitioner has filed the
present writ petition.
Rival Contentions:
Petitioner ... counsel has drawn my attention to the
treatment of the issue of surrogacy and the rights and
obligations arising there from in international arena.
According
grant leave for the petitioner to look after her baby born
through surrogacy process, the petitioner has filed the
present writ petition.
Rival Contentions:
Petitioner ... counsel has drawn my attention to the
treatment of the issue of surrogacy and the rights and
obligations arising there from in international arena.
According
wish to have a child
was fulfilled on 09.02.2013, albeit via the surrogacy route. Her bundle of
joy comprised of twins, who were born ... mother, were reduced to a written agreement dated
08.08.2012 (in short the surrogacy agreement).
2. The fact that the surrogacy agreement reached fruition, is exemplified
Rules of 2010'),
though she begets child through the surrogacy procedure .
4. The above-stated question of law arises in this petition ... petitioner on consultation
with her husband, decided to have a child through surrogacy
procedure. In furtherance of said desire, in the month of
June
revealed that the third child of Respondent
Nos.6 and 7 through surrogacy was a boy and that it was Respondent ... decision to go in for surrogacy. It is stated by the Petitioner that in
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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 ... were
also executed between the parties to give effect to the gestational surrogacy
agreement. Paragraph 14 of the plaint reproduces the obligations undertaken by
defendant
