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High Court Rules Egg Donor Lacks Legal Claim as Biological Mother in Surrogacy Dispute

In a landmark decision, the Bombay High Court has ruled that an egg donor cannot legally claim to be the biological mother of children born through surrogacy. Justice Milind N. Jadhav’s ruling clarifies that while the egg donor might be a genetic contributor, she holds no parental rights under the 2005 National Guidelines for ART Clinics.

The court’s decision came in response to a petition from a woman seeking visitation rights to her twin daughters, born through altruistic surrogacy in August 2019. The twins were conceived using eggs donated by the petitioner’s younger sister, who later faced personal tragedy, including the death of her family in an accident and subsequent disability.

Tensions arose when the petitioner’s husband moved with the children to a different city without informing her, sparking a legal battle. The petitioner initially sought custody but was denied, prompting her appeal to the High Court.

Advocate Ganesh K. Gole, representing the petitioner, argued that the lower court had misunderstood the role of the egg donor. He emphasized that the donor relinquishes all parental rights, and claimed the lower court’s ruling could irreparably damage the petitioner’s bond with her daughters.

On the other side, advocate Kokila Kalra contested the validity of the surrogacy agreement, asserting that the petitioner had no rights to custody under the agreement and that the egg donor should be recognized as the biological mother.

Amicus curiae Devyani Kulkarni argued that the 2005 ART guidelines, in effect at the time of the twins’ birth, should govern the case. These guidelines clearly state that sperm or egg donors do not acquire parental rights.

The court agreed, affirming that the egg donor’s role was limited to that of a genetic contributor and did not extend to legal parental rights. It ruled in favor of granting the petitioner interim visitation rights, allowing her to see her daughters every weekend and maintain regular communication.

The court also instructed the husband to facilitate these visits and warned both parties to avoid causing emotional distress to the children. Additionally, it mandated an expedited resolution of the custody dispute, underscoring the importance of a swift and fair outcome.

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