Custody of Surrogate Child: Nri's Request for Custody of Surrogate Child Dismissed | Ahmedabad News

Ahmedabad: The Gujarat High Court has dismissed a habeas corpus petition filed by a man seeking custody of his two-year-old daughter, who was born through surrogacy in Ahmedabad and currently lives with her mother in Germany. The judges refused to entertain the petition on the ground that it cannot exercise its jurisdiction solely because the child was born through surrogacy in Ahmedabad, especially when the parents live outside the territorial jurisdiction of the HC. The petitioner moved to Germany in 2017 and his wife moved there a year later. Both are from Pune. Since the couple had no child, they came to Ahmedabad to have a child through surrogacy. The child was born in 2022 and the couple returned to Germany with her. In 2023, the husband returned to India while his wife stayed in Germany with their daughter. He filed a habeas corpus petition in the Gujarat HC seeking custody of his daughter. Justices AY Kogje and SJ Dave inquired from the petitioner's counsel whether the petitioner lives in Maharashtra and whether his wife and daughter are in Germany. “If these people have never lived in Gujarat, the case is beyond the territorial jurisdiction of the HC,” the judge said. To this end, the petitioner's counsel submitted that the Gujarat HC was approached because the child was born in Ahmedabad through surrogacy. The court did not accept this contention and held that just because the surrogacy took place in Ahmedabad did not confer jurisdiction on the Gujarat HC.

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