custody dispute after surrogate enters prison

The biological parents of a two-day-old girl born via surrogacy approached the Gujarat high court for custody of the child . The biological parents of the child are in their late thirties .

Ahmedabad (India): On Thursday, biological parents of a two-day-old girl born via surrogacy approached the Gujarat high court for custody of the child, saying that the surrogate mother was charged with a criminal offence and is told to return to Sabarmati jail from the Civil Hospital where she was taken for the child's birth.The couple, who are in their late thirties, hail from Ajmer, Rajasthan, and had chosen surrogacy after more than Since their relatives reside in Ahmedabad, they recruited a 31-year-old divorcee woman from Lakhvad village in Mehsana to be a surrogate mother of their child.She was alleged to be a member of a child-abducting syndicate that was arrested in February for allegedly abducting a four-month-old girl and selling her for Rs 2 lakh to a co-accused in the case.In this case, the surrogate mother was arrested for charges under Section 363, 370, 370 (a), 120 B, 114 of IPC, and Section 81, 84, and 87 of The Juvenile Justice Act.A city session court in Sabarmati, April 6, refused to release her and she is now in Sabarmati jail.When the biological parents learned of the child's birth, they went to the Civil Hospital and the woman gave them the baby's custody.

Since the surrogate mother is in judicial custody, the cops resisted on a court order for custody of the child.The couple rushed to the Supreme Court by filing a habeas corpus petition expressing fear that the surrogate mother will be released from the hospital soon and re-incarcerated.They demanded that the child's custody be rescheduled at the same time as the surrogate mother and the couple agreed that the biological parents would have custody of the child immediately after birth, according to couples' advocate Poonam Mehta.According to this law, the surrogate mother is able to provide child custody to her clients, but the police's refusal results in unwarranted punishment for a 48-hour-old child who cannot be accessed by her legal and rightful guardians.