Bring out a booklet on surrogacy in a month: HC
has directed Tamil Nadu govt to create a booklet outlining a step-by-step process to comply with the mandate under the Surrogacy Act. This booklet must be uploaded on the website to ensure that hospitals involved in this process are aware of their responsibilities, the court said.
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This directive must be completed within four weeks, Justice N Anand Venkatesh said while passing orders on a plea moved by GG hospital, Chennai, a surrogate mother, and an intending couple to condone the procedural lapse in not obtaining the 'parental order' mandated under the surrogacy law before initiating the surrogacy procedure.
By the time the hospital and the intending parents recognized that the procedure they adopted was illegal, the surrogate mother was 11 weeks pregnant.
Additionally, the surrogate mother faced a predicament as she was pregnant with twins, and if the process was not approved, she would have to give birth to the children and also take care of them.
Considering the interests of the intending couple, the surrogate mother, and the rights of the unborn children, the court exercised its 'Parens Patriae' (parent of any child) jurisdiction and decided to issue the 'parental order' itself.
On Aug 8, the court, after considering statements recorded from the respective parties and the documents that were marked, passed the parentage order declaring the intending couple as the lawful parents of the children to be born. This parentage order will be treated as a birth certificate after the children are born, the judge said. Regarding the procedural lapse and considering the complexity of the procedures involved under the Act and the potential lack of awareness, the court directed the department to create a booklet.
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Bring out a booklet on surrogacy in a month: HC
Chennai: has directed Tamil Nadu govt to create a booklet outlining a step-by-step process to comply with the mandate under the Surrogacy Act. This booklet must be uploaded on the website to ensure that hospitals involved in this process are aware of their responsibilities, the court said. Tired of too many ads? go ad free now This directive must be completed within four weeks, Justice N Anand Venkatesh said while passing orders on a plea moved by GG hospital, Chennai, a surrogate mother, and an intending couple to condone the procedural lapse in not obtaining the 'parental order' mandated under the surrogacy law before initiating the surrogacy procedure. By the time the hospital and the intending parents recognized that the procedure they adopted was illegal, the surrogate mother was 11 weeks pregnant. Additionally, the surrogate mother faced a predicament as she was pregnant with twins, and if the process was not approved, she would have to give birth to the children and also take care of them. Considering the interests of the intending couple, the surrogate mother, and the rights of the unborn children, the court exercised its 'Parens Patriae' (parent of any child) jurisdiction and decided to issue the 'parental order' itself. On Aug 8, the court, after considering statements recorded from the respective parties and the documents that were marked, passed the parentage order declaring the intending couple as the lawful parents of the children to be born. This parentage order will be treated as a birth certificate after the children are born, the judge said. Regarding the procedural lapse and considering the complexity of the procedures involved under the Act and the potential lack of awareness, the court directed the department to create a booklet.
