EGG DONOR HAS NO LEGAL PARENTAL RIGHTS

Why in the news?

The Bombay High Court ruled that egg donors cannot claim parental rights, emphasising legal boundaries in surrogacy cases and granting visitation rights to the biological mother.

EGG DONOR HAS NO LEGAL PARENTAL RIGHTSsource:lawbankofindia

Understanding Court Rules on Egg Donor’s Parental Rights:

Case Background:

  • The Bombay High Court ruled that donating eggs or sperm does not confer legal rights to claim parenthood over the child born from such donations.
  • The case involved a woman who had donated eggs to her sister and brother-in-law, enabling them to conceive through surrogacy.
  • After the couple’s separation, the husband took the twins and started living with the egg donor, the woman’s younger sister.

Court’s Decision:

  • The High Court dismissed the egg donor’s claim to be the biological parent of the twins.
  • The court referenced the National Guidelines for Accreditation, Supervision, and Regulation of ART Clinics, 2005, and the Surrogacy Act, which clarify that an egg donor does not have legal parental rights.
  • The court also found that the trial court had wrongly denied the petitioner visitation rights.
  • Justice Milind Jadhav ruled in favour of granting the petitioner visitation rights and access to her twin daughters.

Legal Framework and Implications:

  • The court emphasised that the role of the egg donor is limited to that of a genetic mother, without legal parental rights.
  • The judgement reaffirms that legal parenthood cannot be claimed merely through genetic contribution.
  • The decision highlights the need for clarity in reproductive technology laws and reinforces the legal framework that defines parental rights in surrogacy and ART cases.
About Surrogacy :

  • Surrogacy Definition: A surrogate (or gestational carrier) is a woman who conceives, carries, and births a child for another person or couple, agreeing to hand over the child after birth.

Types of Surrogacy:

  • Commercial Surrogacy: Involves monetary compensation beyond medical expenses and insurance, including cash or other rewards.
  • Altruistic Surrogacy: Involves no monetary compensation other than medical expenses and insurance coverage during pregnancy.

Key Provisions of the Surrogacy (Regulation) Act, 2021:

Regulation of Surrogacy:

  • Prohibits commercial surrogacy; permits altruistic surrogacy.
  • Allowed for infertile couples, not for sale or exploitation.

Eligibility Criteria for Surrogate Mother:

  • Must be a close relative of the intending couple.
  • An ever-married woman aged 25-35 with a child.
  • Cannot be a previous surrogate; requires medical and psychological fitness certificate.

Registration & Governance:

  • Surrogacy clinics must be registered.
  • Establishment of National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs).

Offences & Penalties:

  • Includes commercial surrogacy, exploitation, and illegal trading of embryos/gametes.
  • Penalties up to 10 years imprisonment and fines up to ₹10 lakh.
  • Modifications & Donor Gametes:

Couples can use donor gametes if certified by a District Magistrate Board.

  • Only one partner may use a donor gamete; at least one gamete must be from the intending parents.