In a groundbreaking decision, the Magistrate Court in Pune has ruled that children born through surrogacy must be genetically related to the intending couple. This decision comes after two different couples sought clarification on the term “genetically related” in the Surrogacy (Regulation) Act 2021.
Advocates Asim Sarode and Shriya Awale represented the couples in their applications, which were initially met with confusion over the definition of the term. However, the Karnataka High Court provided clarity by stating that the child born through surrogacy should be genetically related to the intending couple, not the surrogate mother.
Additional Chief Judicial Magistrate J.S. Bhatia of the Pune Court upheld this interpretation, declaring that the parentage and custody of a child born through surrogacy belong to the intending couple. This decision is expected to simplify the legal process for couples pursuing surrogacy.
Advocate Asim Sarode praised the ruling, stating that it removes a significant hurdle for intending couples. Advocate Shriya Awale also welcomed the decision, noting that the surrogacy law is still evolving within the judicial system.
Overall, this decision is expected to bring clarity and ease to couples navigating the complexities of surrogacy law, ensuring that their rights and the rights of their future children are protected.
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