CHANDIGARH: Upholding the ministry of home affairs'
guidelines restricting single foreign nationals and unmarried couples
from coming on medical visas to India for having kids through surrogacy,
the Punjab and Haryana high court on Wednesday refused to give any
relief to a Sudan national.
A division bench headed by Chief Justice Sanjay Kishan Kaul passed the order while relying on Central government's reply that the guidelines, issued by MHA in July 2012 under Foreigners Act regarding regulation on surrogacy in India, shall prevail over other any similar guideline issued earlier. The Central government also informed the HC that Assisted Reproductive Technology (Regulation) Bill, 2010, has been drafted by the health ministry and it would be finalized with the formation of a new government at the Centre. The bill would regulate surrogacy in the country.
The bench disposed of the petition filed by Sudan national Shihabeldin, a bachelor who wanted to become a single parent through surrogacy in India. His petition filed before the high court said that he wanted to become a single parent through a surrogacy arrangement and contacted a Chandigarh-based medical institution on June 29, 2013. However, he was not allowed to do so following guidelines from MHA issued on July 9, 2012, limiting the facility to married couples.
A division bench headed by Chief Justice Sanjay Kishan Kaul passed the order while relying on Central government's reply that the guidelines, issued by MHA in July 2012 under Foreigners Act regarding regulation on surrogacy in India, shall prevail over other any similar guideline issued earlier. The Central government also informed the HC that Assisted Reproductive Technology (Regulation) Bill, 2010, has been drafted by the health ministry and it would be finalized with the formation of a new government at the Centre. The bill would regulate surrogacy in the country.
The bench disposed of the petition filed by Sudan national Shihabeldin, a bachelor who wanted to become a single parent through surrogacy in India. His petition filed before the high court said that he wanted to become a single parent through a surrogacy arrangement and contacted a Chandigarh-based medical institution on June 29, 2013. However, he was not allowed to do so following guidelines from MHA issued on July 9, 2012, limiting the facility to married couples.
Mumbai (Bombay) Time
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