Court permits couple to bring child to Australia; surrogate mother changes her mind

Couple forced to knock on their doors by surrogate who refused to cooperate when they sought her no-objection from Australia . The surrogate finally relented and filed no objections until the parents filed a civil lawsuit .

MUMBAI: A civil court has declared the now two-and-a-half-year-old boy's biological parents after they were compelled to knock on their doors by their surrogate who refused to cooperate when they sought her no-objection from Australia.The surrogate finally relented and filed no objections until the parents filed a civil lawsuit.To comply with the visa process for their son, the couple said they needed certain documents.Although there was no specific rule by which the parents could obtain a statement on the surrogacy process in India, the Indian Council of Medical Research and the National Academy of Medical Sciences (NAMS) have issued recommendations, the court said that while there was no specific rule by which the parents could request a statement on the surrogacy procedure in India.

The plaintiffs are also biological and genetic parents of a baby boy, and they are entitled to child custody as well as removal from India to Australia, according to the court.The couple, both in their 30s, told the judge that they had signed a surrogacy agreement with the woman in March 2019.They said it was explicitly agreed that the couple would be the children's legal parents and that the surrogate would not raise any concerns.According to the report, she had agreed to conceive, carry, and give birth to the child out of her own free will.

In October 2019, the surrogate gave birth to a baby boy.The couple stated that they were required to prepare legal papers in order to keep him with them in Australia, but the woman refused to cooperate.They were therefore compelled to enter a plenum before the court in May this year.