Thursday, August 14, 2008

Japanese surrogate baby Manji to stay with grandmother: SC

Japanese surrogate baby Manji to stay with grandmother: SC


14 Aug 2008, 1730 hrs IST,AGENCIES

 

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JAIPUR: The Supreme Court on Thursday granted the custody of surrogate baby Manji to her Japanese grandmother Emiko.

The apex court also ruled that police can’t forcibly take away the baby.

The Jaipur Bench of Rajasthan High Court had on Tuesday issued notices to the Union and the State Home Departments asking them to produce the Japanese surrogate baby Manji in court within four weeks and explain why the baby was being allowed to be taken to Japan.

A division Bench of Justice R C Gandhi and Justice Guman Singh had issued notices citing ambiguity regarding surrogacy in India. The baby is at present in a Jaipur hospital under the supervision of her Japanese grandmother.

The notice was issued on a habeas corpus petition filed by a Jaipur-based NGO, SATYA, alleging that in the absence of any surrogacy law in the country, the surrogate child born out of the sperm of a Japanese father could not be kept in the custody of her Japanese grandmother Emiko.

The court had issued notices to the Union Ministry of Home Affairs, the Principal Secretary, Department of Home Affairs, Rajasthan, DG Police, Rajasthan, and SP, Jaipur east, asking them to produce the child in court within four weeks and also file their reply on the issue.

In the petition it has been stated that the surrogate mother, Pritiben Mehta, had rented her womb purely for financial reasons as she had no relations with the Japanese parents. This, the petition says, is "illegitimate conception for money on a commercial basis".

 

 

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