Biological parents of a newborn girl have moved the Gujarat High Court for her custody to ensure she does not end up in jail with her surrogate mother.
The parents, originally from Ajmer, Rajasthan, came in contact with the surrogate a year ago. The procedure was carried out under the guidance of a doctor. In February, the pregnant surrogate was booked for kidnapping a child based on a complaint filed at the Gomtipur police station in Ahmedabad. She was arrested and kept in custody.
The surrogate gave birth to the girl at Asarwa Civil Hospital two days ago and is willing to give the child to the biological parents. However, the Gomtipur police have refused to do so, as, according to rules, the surrogate gave birth to the child and the newborn will have to stay with her even when she is in jail. The surrogate will be re-arrested once she is discharged from the hospital.
A bench headed by Chief Justice Arvind Kumar has allowed an urgent hearing.
The counsel for the petitioner has submitted that as per the surrogacy agreement, the custody of the child should be handed over to the father immediately after the birth. So if the surrogate is sent to jail, why should the newborn go to jail with her, the petition asks.
The HC has directed the Gomtipur police to submit an affidavit.
The HC has also issued an urgent notice to the Ahmedabad Central Jail administration.
The surrogate has also been directed to submit an affidavit stating that she is ready to hand over custody of her daughter.
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