Mumbai News

Surrogacy: Bombay HC asks couple to approach board – Times of India

Bombay high court (file photo)

MUMBAI: The Bombay High Court on Wednesday directed a couple who sought orders for transfer of their cryopreserved embryos from Hinduja Hospital to another IVF clinic in Mumbai, to approach the newly functional national board under the Surrogacy Act for approval.
The Centre’s counsel Rui Rodrigues said it would be the first case before the national board under the new law. The first meeting of the national board is yet to be held.
On the last date the HC had directed the state and the Centre to inform whether the boards were formed and functional. Maharashtra government pleader Purnima Kantharia submitted the notification on Wednesday to show the state board now is functional with all members in place. The Centre’s counsel Rodrigues, too, informed a bench of Justices S V Gangapurwala and S M Modak that the national board was constituted and now functional.
The State in a notification dated June 13 appointed a state- assisted reproductive technology and surrogacy board which has public health minister as ex-officio president and additional chief secretaries of home, health and principal secretaries of law and public health departments as well as secretaries of women and child development as well as social welfare departments and the commissioner, National Health Mission, on board. The Centre had on May 4 notified the board’s composition and the eight member board is led by Union health minister as ex-officio chairperson
The HC then directed that parties appear before the National Board on August 1 and once the couple approach the national board it should decide on it within two months.
The couple undergoing fertility treatment has petitioned the high court to permit them to complete their surrogacy procedure which they had commenced prior to the commencement of the new Assisted Reproductive Technology (ART) Act and Surrogacy Act.
The couple, represented by counsel PV Dinesh, said their dream of becoming parents is stuck due to a “legislative logjam” and failure to set up the board.
The Hinduja Hospital through advocate Anita Castellino had said the new Surrogacy Act which came into force on January 25, 2022, stipulated a national board has to approve any surrogacy and in the absence of such board, it was not possible to transfer.

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Source: https://timesofindia.indiatimes.com/city/mumbai/surrogacy-bombay-hc-asks-couple-to-approach-board/articleshow/92863665.cms