The mother who gave birth through surrogacy was ready to hand over custody to the daughter. Who are currently serving sentences in jail under a police complaint registered under the Juvenile Act. But a court order is required for custody, as insisted by the police administration. So the father filed a habeas corpus petition in the High Court in which case the High Court today ordered to hand over custody of the seven-day-old daughter to her father before the final hearing.
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The genetic father of the applicant came in contact with a woman for procreation through surrogacy a year ago. The procedure for surrogacy was then carried out under the guidance of a doctor. Meanwhile, a complaint was lodged against the woman at the Gomtipur police station in Ahmedabad in February 2022 under the Juvenile Act. After which the police arrested him. The woman was accused of kidnapping a child. So that the woman was kept in prison.
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The accused woman gave birth to a baby girl at Asarwa Civil Hospital. However, in this case Gomtipur police does not allow custody of the girl child to be given to the applicant’s parents.
The surrogate woman is also willing to give the child to the applicant. In this case, if the surrogate mother is discharged, she will have to go to jail again. If that happened then the baby was likely to go to jail.
Tags: Ahmedabad, Gujarat, Gujarat High Court