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2015 Supreme(Del) 1468

RAJIV SHAKDHER
RAMA PANDEY – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
For the Petitioner:Mr Sunil Kumar and Mr Rahul Sharma, Advocates
For the Respondents: Mr Jasmeet Singh, CGSC with Ms Kritika Mehra, Adv. for R-1. Mr S. Rajappa & Dr. Puran Chand, Advs. for R- 2 & 3.

JUDGMENT :

RAJIV SHAKDHER, J.

FACTS

1 A synthesis of science and divinity (at least for those who believe in it), led to the culmination of the petitioner’s desire for a child. Married, on 18. 01. 1998, to one Sh. Atul Pandey, the petitioner’s, wish to have a child was fulfilled on 09. 02. 2013, albeit via the surrogacy route. Her bundle of joy comprised of twins, who were born on the aforementioned date, at a city hospital.

1. 1 To effectuate the aforesaid purpose, the petitioner had entered into an arrangement with, one, Ms Aarti, wife of Mr Surya Narayan (hereafter referred to as the surrogate mother). The arrangement required the surrogate mother to bear a child by employing the In-Vitro Fertilization (IVF) methodology. The methodology used and agreed upon required the genetic father to fertilize, In-Vitro, the ovum supplied by a designated donor. The resultant embryo was then required to be transferred and implanted in the surrogate mother. This arrangement, along with other terms and conditions, which included rights and obligations of the commissioning parents, as also those of the surrogate mother, were reduced to a written agreement dated 08. 08. 2012 (in short the surrogacy





































































































































































































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