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Court allows couple to take baby to Australia; surrogate mom relents | India News


MUMBAI: Came to the rescue of an Indian couple in Australia who were forced to knock on the door after their agent failed to cooperate as they sought not to oppose her to bring their son to that country, a civil court declared them the biological parents of two and a half year old boy. . Only after the parents have filed the civil suit is the agent finally satisfied and has no objection. The couple said they needed certain documents to comply with the visa process for their son.

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The court said while there was no specific law under which a parent could claim a statement regarding Surrogacy in India, there are instructions from Indian Medical Research Council and National Academy of Medical Sciences (NAMS).
“According to national guidelines for the recognition or supervision of ART clinics, a surrogate mother is not considered a legal mother. Therefore, the plaintiff is the biological and genetic parent of a baby boy and they are also entitled to rights. as well as bringing a child from India to Australia,” the court said.
The couple, both in their 30s, told the court that in March 2019 they signed a surrogacy agreement with the woman. They said they had expressly agreed that the couple would be the legal parents of the child and that the representative would not raise any objections. It also states that she has agreed to become pregnant, carry and give birth to the child of her own accord.
The couple said they had fully supported the surrogate mother during the pregnancy and had complied with all the conditions specified in the agreement. The surrogate gave birth to a baby boy in October 2019.
The couple said they were required to prepare legal documents to keep him in Australia, but the woman did not cooperate. They are therefore bound to file a plea before the court in May of this year.





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