Sperm or egg donor has no parental right on child: Bombay HC

Sub: Science and Tech

Sec: Health

Context:

The Bombay High court in the case of in Shailaja Nitin Mishra v. Nitin Kumar Mishra ruled that an egg or sperm donor does not have parental rights or duties in relation to the child.
The court held that merely donating eggs or sperm does not give legal entitlement to the donor to claim that he or she is the biological parent of the child.
This decision came after a woman, who had donated eggs to her sister and brother-in-law, claimed maternal rights over the twins born through surrogacy.

Observations by the court:

The judge referred to the National Guidelines for Accreditation, Supervision and Regulation of ART (Assisted Reproductive Technology) Clinics in India, enacted in 2005.
As per Guidelines, a child born through ART shall be presumed to be the legitimate child of the couple, born within wedlock and with the consent of both spouses.
Guidelines clearly state that the sperm/oocyte donor shall not have any parental right or duties in relation to the child.

What is Surrogacy?

Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parents).
Altruistic surrogacy: Surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
Commercial surrogacy: Surrogacy undertaken for a monetary benefit or reward.

Surrogate vs. gestational carrier

A surrogate is a woman who becomes pregnant with sperm from the male partner of the couple.
- This may pose legal issues since the baby is genetically related to the surrogate. Therefore, it is necessary to have a legally binding surrogacy agreement.
A gestational carrier becomes pregnant with an egg from the female partner and the sperm from the male partner.