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2015 Supreme(SC) 1182

RANJAN GOGOI, N.V.RAMANA
Union of India – Appellant
Versus
Jan Balaz – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Ranjit Kumar, Mr. K. Radhakrishnan, Mr. S. Wasim A. Qadri, Mr. S.S. Rawat, Mr. Zaid Ali, Mrs. Anil Katiyar, Ms. Meenakshi Grover, Ms. Gargi Khanna, Ms. Wasim Qadri, Mr. D.S. Mahra, Ms. Sushma Suri, Mr. B.K. Prasad, Mr. Ajay Sharma, Mr. Ajay Kumar Singh, Ms. Swarupma Chaturvedi, Mr. Shekhar Naphade, Mr. Ashish Wad, Ms. Subhangi Tuli, Ms. Kanika Baweja, Mr. Sangram Singh Bhosle, Ms. Paromita Majumdar, Ms. Tamali Wad
For the Respondent: Ms. Kamini Jaiswal, Mr. Nikhil Goel, Ms. Naveen Goel, Mr. Marsook Bafaki, Ms. Hemantika Wahi

ORDER :

We have heard the learned counsels for the parties at length as well as Mr. Ranjit Kumar, learned Solicitor General for India.

2. Pursuant to the hearing that has taken place on the previous dates, the learned counsels for the parties have offered their views on the issues that confronts the Court in the present proceeding. The said issues are enumerated hereinunder :

"1. Whether in commercial surrogacy the surrogate mother is the only mother of surrogate child? The Petitioner raises this issue in view of the pain and suffering the mother undergoes for 9 months and the risk along with all the psychological and emotional problems.

2. Whether a lady who donates her egg in connection with a commercial surrogacy mother can be said to be mother?

3. Whether both "surrogate mother" and "genetic mother" (who has donated the egg) can both be said to be mother of the surrogate child.

4. Whether commercial surrogacy involved sale of a child in view of the fact that surrogate mother relinquishes her parental rights for money?

5. Whether commercial surrogacy amounts to renting of a womb?

6. Whether commercial surrogacy is immoral and is opposed to public policy and therefore void u/s 23 of the



















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