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ANUPINDER SINGH GREWAL
Master Eric Thind – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mr. Anupinder Singh Grewal, J.
The petitioners are seeking a writ in the nature of habeas corpus permitting the petitioner No.2 to take the petitioner No. 1 to Australia as he is de facto and de jure guardian and respondents No.4 & 5 do not have any legal right upon him. He has sought a further direction to respondents No. 1 & 2 for clarifying the specific provisions in the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 (hereinafter referred to as 'ART Act, 2021'). A writ in the nature of certiorari has also been sought for modification of section 7 of the Guardians And Wards Act, 1890. He had thereafter preferred an application bearing CRM-W-1217 of 2023 confining the prayer in this petition to the declaration that petitioner No.2 is the sole lawful guardian and has exclusive legal rights on petitioner No. 1.
1. Submissions
2. Learned counsel for the petitioners had submitted that the petitioner No.2 is the single biological parent and petitioner No. 1 was bom out of surrogacy after an agreement had been entered between petitioner No. 1 and the surrogate mother (respondent No.4) on 20.04.2019 (Annexure P-4). The petitioner N
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