The childless couple had brought with them eight IVF embryos with high hopes of becoming parents soon with the help of a surrogate mother. However, with the recent ban by the Indian government on commercial surrogacy, the couple was left in the lurch with no option but to seek legal recourse as the laboratory in which the embryos were stored was reluctant to hand them over fearing legal repercussions as the new law bans any kind of import and export of fetuses as well.
The couple filed a petition with the Bombay high court which has directed the Indian government to take a humanitarian approach in finding a solution to what it described as an extraordinary case. Senior counsel Ashutosh Kumbhakoni, who represents the petitioners told the court, “These embryos were brought to the country after following all the norms in the US as well as India. At the time, surrogacy was permitted; later the law changed mid-procedure. The central government cannot keep arguing and has to find a solution instead. These embryos belong to us. What is the government going to do with them?”
The revised law on surrogacy allows only close relatives of childless couples to offer their womb for surrogacy without any commercial contract, among other clauses.
