Bombay HC Upholds Mother's Right for Visitation; Egg Donor Has No Legal Claim as Parent

The Bombay High Court ruled that sperm or egg donors have no legal rights over children born via surrogacy and cannot claim to be biological parents. This was decided while allowing a 42-year-old woman visitation rights to her five-year-old twin daughters, born through surrogacy using her sister's donated eggs.


Devdiscourse News Desk | Mumbai | Updated: 13-08-2024 15:28 IST | Created: 13-08-2024 15:28 IST
Bombay HC Upholds Mother's Right for Visitation; Egg Donor Has No Legal Claim as Parent
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The Bombay High Court has affirmed that sperm or egg donors possess no legal rights over a child and cannot assert themselves as biological parents. This decision was made while allowing a 42-year-old woman access to her five-year-old twin daughters.

The woman argued her daughters, conceived through surrogacy, were residing with her husband and her sister, who had donated the eggs. The husband contended his sister-in-law had a legitimate claim as the biological parent, which the court rejected.

Justice Milind Jadhav emphasized the egg donor's role was voluntary and did not confer parental rights. Citing pre-2021 surrogacy guidelines, the court ruled that donors relinquish any parental claims, naming the petitioner and her husband as the legal parents.

(With inputs from agencies.)

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