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
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
Indian Missions abroad to
foreign nationals intending to visit India for
commissioning surrogacy has been stopped with immediate
effect. There is yet another notification dated ... Health Research laying
down guidelines and instructions to be followed by
Surrogacy Clinics/ART Clinics/IVF Clinics etc. which
offer surrogacy services. The relevant part
present proceeding. The said issues are enumerated
hereinunder:
“1. Whether in commercial surrogacy the
surrogate mother is the only mother of surrogate
child? The Petitioner ... Whether a lady who donates her egg in
connection with a commercial surrogacy mother can
be said to be mother?
3. Whether both “surrogate mother
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 ... Vitro Fertilisation but the
same did not succeed and thus, Gestational Surrogacy was
only option left for the plaintiffs, since the plaintiffs were
inclined
childless for 23 years, she got a baby boy through surrogacy procedure
on 09.12.2014 as borne out from Ext.P6 letter from the hospital ... considering the provisions relating to the maternity leave as well as the
surrogacy procedure found that the petitioner therein is entitled to all the
benefits
taking
treatment in her hospital as from 18.07.2014 for infertility treatment with
surrogacy. The said treatment was not a successful ... Senthhilkumar took treatment in
my hospital from 18.07.2014 for infertility treatment with surrogacy. Since
she had recurrent failure in IVF (Invitro fertilization) at Chennai
claim of the petitioner that though the child was born through surrogacy, she is to take care of the said child and there cannot ... fact remains that for all practical purposes, the child born through surrogacy, is the child of the petitioner and her husband, and the petitioner
male child and the same did not work out,
surrogacy was attempted, however, the lady who
became the surrogate was a married lady, with
whom
ACCUSED:
-------------------------------------
ANURAG TIRKEY, AGED 32 YEARS,
S/O.VINCENT TIRKEY,
ETHICAL SURROGACY INDIA PVT. LTD., (ESI),
DOOR NO.27/2827 -B, BHAVAN SCHOOL ROAD, KADAVANTHARA ... Indian Penal Code. The
petitioner is the Chief Executive Officer, Ethical Surrogacy
Indian Pct. Ltd., a company incorporated under the
Companies Act . The company
