ENA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India by the petitioners praying that the writ of Habeas Corpus be issued directing the respondent nos.2 to 5 to hand over the custody of the corpus-newly born baby girl to the present petitioners.

(2.) Heard learned advocate Ms.Poonam Maheta for the petitioners, learned APP Mr.Hardik Soni for respondent nos.1 to 4 and learned advocate Ms.Kitty Mehta for respondent no.5. Learned advocate Ms.Kitty Mehta is permitted to file vakalatnama in the Registry.

(3.) Learned advocate for the petitioners submitted that the petitioners are married couple and residing at Rajasthan. Since even after a long married life, they were not fortunate enough to enjoy parenthood, they decided to go for surrogacy. Therefore, the petitioners entered into the agreement with the respondent no.5 who is surrogate mother on 27/12/2021 and it was decided that immediately after the birth of the child, the custody of the child would be handed over to the petitioners i.e. the intended parents. It is further submitted that after following the due procedure and as per the agreement entered into between the parties, the respondent no.5 has delivered a girl child. At this stage, learned advocate for the petitioners submitted that before the due date of the delivery, the respondent no.5 was arrested by the police in connection with the FIR being C.R.No.11191018220235 of 2022 registered with Gomtipur police station Ahmedabad city on 18/2/2022 and she was taken to the judicial custody. Thereafter, the petitioners learnt that on 20/6/2022, there was a natural labour pain to the respondent no.5 as the due date was coming nearer and therefore she was taken to the Civil Hospital Ahmedabad considering her medical condition and thereafter on 21/6/2022, the respondent no.5 had delivered a baby girl at the civil hospital.