Taking up his petition, a division bench headed by Chief Justice Sanjay Kishan Kaul of the HC has issued notice to the MHA asking the ministry to file response on the contentions raised by the petitioner. According to the petitioner, the MHA guidelines have completely restrained the foreign nationals in India, who wishes to fulfill the desire to become a single parent through surrogacy.
The petitioner, Shihabeldin, a resident of Sudan, submitted before the HC that he is a singleton and wishes to become a single parent through a surrogacy arrangement and contacted a Chandigarh based medical institution on June 29. However he was informed that surrogacy facility in India could not be availed by a single foreign parent because of the MHA guidelines issued on July 9, 2012 limiting the facility of surrogacy only to married couples with two years of subsisting marriage.
His counsel, Anil Malhotra argued that as per the ICMR guidelines there would be no bar to the use of Assisted Reproductive Technology (ART) by a single woman who wishes to have a child, and no ART clinic may refuse to offer its services to the above, provided other criteria mentioned in this document are satisfied. The child thus born will have all the legal rights on the woman or the man.
"Said guidelines were framed so that infertile parents could fill the barrenness in their lives through commissioning of surrogacy but the MHA guidelines puts an embargo on foreign single persons or foreign unmarried couples from commissioning surrogacy in India through ART is wholly whimsical classification by any law," Malhotra argued.
Seeking directions to struck down the said guidelines, counsel further contended that foreign nationals, overseas citizens of India, and person of Indian Origin cannot be discriminated in the matter of surrogacy upon comparison with Indian nationals and imposing a ban on surrogacy by foreign single persons or foreign unmarried couples wholly contrary to law.
Now the case has been fixed for July 22 for further hearing.
Grounds on which the petitioner has sought relief on equality
September 29, 2008 | Baby Manji Yamada case brought forward the complex issue when the Japanese biological mother being divorced by the time of the birth of the child disowned him. Supreme Court gave directions to allow the child to travel with the grandmother.
October 12, 2008 | Israeli gay couple became parents in India through surrogate and achieved surrogacy arrangements in India without any objections.
May 26, 2010 | German gay couple on intervention of the Supreme Court was allowed to get birth certificate for their twin surrogate babies and thereafter were granted exit permits to Germany without any objections.
Anda sedang membaca artikel tentang
Sudan resident moves HC against India's surrogacy guidelines
Dengan url
http://makanansehatanak.blogspot.com/2013/07/sudan-resident-moves-hc-against-indias.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
Sudan resident moves HC against India's surrogacy guidelines
namun jangan lupa untuk meletakkan link
Sudan resident moves HC against India's surrogacy guidelines
sebagai sumbernya
0 komentar:
Posting Komentar