Sperm or egg donor has no legal right on child, cannot claim to be parent: HC – Sperm or egg donor has no legal right on child says Bombay High Court ntc

The Bombay High Court on Tuesday granted a 42-year-old woman the right to meet her five-year-old twin daughters, saying that the sperm donor or the egg donor has no legal rights over the child. The court also said that the donor cannot claim to be the biological parent of the child.

In fact, the woman who filed the petition in this case had said that her daughters born through surrogacy are living with her husband and her younger sister who donated the eggs. The woman’s husband had claimed that since his sister-in-law is the egg donor, she has the legal right to be called the biological mother of the twins. Apart from this, he also said that his wife has no rights over the child. The Bombay High Court refused to accept this argument.

What did the court say?

In its decision, the court said that the younger sister of the petitioner was indeed an egg donor, but she cannot claim to be the biological mother of the children. The court said that the younger sister became a donor voluntarily and at the most she can be eligible to become a genetic mother. Nothing more than this. The court also clarified that according to the rule, the egg donor and the surrogate mother will have to give up all their parental rights and, in this case, the petitioner and her husband will be the parents of the twin girls.

What is the matter?

According to the petition, the couple could not conceive naturally. After which the petitioner’s sister decided to voluntarily donate her eggs to the couple. After which twin girls were born in August 2019 with the help of a surrogate woman. In April 2019, the sister (egg donor) and her family met with a road accident in which her husband and daughter died.

The petitioner lived with her husband and twin daughters from August 2019 to March 2021. But in March 2021, after marital discord, the husband moved to another flat with the children without informing his wife. The man also claimed that his wife’s sister (egg donor) had gone into depression after a road accident. Later, she started living with him to take care of the twins.

Later, the petitioner lodged a complaint with the police and filed an application in the local court seeking the right to meet his daughters. The local court rejected his application in September 2023. After this he approached the High Court. The High Court said that the lower court’s order depriving the wife of the right to meet the children was passed without thinking. The court directed the husband to give the petitioner the right to meet the twins for three hours every week.

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