ORDER :

Vipul M. Pancholi, J.

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 resp