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Legal Custody Of A Surrogate Child Denied By The Jail Authorities: Plea Filed By The Legal Parents

Shubhi Rathore | Prabhat Bandhulya 

The parents of a newborn baby girl have filed a petition in the Gujarat High Court against the SP, Sabarmati jail who deny the custody of the child. The child's parents had opted for surrogacy and did a surrogacy agreement with a 31-year-old divorced woman. During the pregnancy, the surrogate mother was taken into judicial custody in Sabarmati Central Jail in a criminal case.

According to the surrogacy agreement, the custody of the child was to be given to the parents immediately after the child was born. The surrogate mother had about pain in the jail and gave birth to a baby girl in the Civil Hospital Ahmedabad and the custody was handed over to the parents (petitioners). However, afterwards, the SP, Sabarmati jail sent a message to the parents that custody of the child would not be given to them unless there is an order by the court and hence the custody was taken from the petitioners. The petitioners state that it is absolutely unfortunate to punish the petitioners and the newborn baby girl for a crime which they have not committed. Keeping them apart when they are legally and validly hold the status parents still they are being deprived of the legal custody.

Case: Ena V. State of Gujarat and others
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