Note4Students
From UPSC perspective, the following things are important :
Mains level: Key provisions of Surrogacy (Regulation) Act, 2021 ;
Why in the News?
On Tuesday, the Bombay High Court affirmed that sperm or egg donors cannot claim biological parenthood or legal rights over a child born using their gametes.
About the Present Case and Rival Contentions
- Background of the Case: The Bombay High Court ruled on a custody dispute involving twin girls born through altruistic surrogacy. The mother, a 42-year-old woman, sought visitation rights after her estranged husband took the children to live with him and her younger sister, who was the egg donor.
| Note: Altruistic surrogacy is a type of surrogacy arrangement where the surrogate mother carries a pregnancy for intended parents without receiving any monetary compensation for her services, aside from reimbursement for medical and pregnancy-related expenses. |
- Family Dynamics: The egg donor is the younger sister of the mother and had donated her eggs to help her sister and brother-in-law conceive. After the egg donation, the sister faced a tragic accident that resulted in the loss of her husband and daughter, complicating the family dynamics further.
- Rival Claims: The mother argued that her daughters are legitimate children born within wedlock (being married), asserting her rights as the biological mother. In contrast, the estranged husband claimed that the egg donor had legitimate rights over the children, arguing that she should be recognized as a biological parent.
| Legal Framework: The case was governed by the 2005 National Guidelines on Assisted Reproductive Technologies (ART) since the surrogacy agreement was signed before the enactment of the Surrogacy (Regulation) Act, 2021. The guidelines say that both the donor and surrogate give up all rights as parents.
Other key provisions of the Surrogacy (Regulation) Act, 2021:
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What the Bombay High Court Ruled
- No Parental Rights for Egg Donors: The Bombay High Court ruled that an egg donor does not have legal rights as a biological parent. The court emphasised that while the egg donor may be considered a genetic mother, she cannot claim parental rights over the children born through surrogacy.
- Recognition of Legal Parents: The court affirmed that the twin girls are the daughters of the petitioner (the mother) and her estranged husband, as they were born from their wedlock with their consent. The ruling highlighted that the couple signed the surrogacy agreement, establishing them as the intending parents.
- Legal Precedent: The ruling clarified the legal standing of sperm and egg donors in surrogacy arrangements, reinforcing that they do not retain any parental rights or duties in relation to the child, as per the existing guidelines.
Conclusion: The Bombay High Court confirmed that egg donors have no parental rights. The ruling reaffirmed that legal parentage lies with the intending parents as per surrogacy guidelines and existing laws.
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