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The court ruled that the twin girls were legally recognized as the daughters of the petitioner and her husband. (data map)
The case involves a 42-year-old woman seeking to be reunited with her 5-year-old daughter, who was conceived with her husband's sperm and her sister's egg.
The Bombay High Court on Tuesday discussed the complex legal issues surrounding the rights of mothers of twin girls conceived as surrogates. The case involves a 42-year-old woman seeking to be reunited with her 5-year-old daughter, who was conceived with her husband's sperm and her sister's egg. The twins lived with their father and the egg donor (the petitioner's sister).
The petitioner's husband argued that his sister-in-law, as an egg donor, should be considered the biological mother of the twins, while his wife had no rights. However, Justice Milind Jadhav dismissed the claim and said that although the petitioner's sister was an egg donor, she had no legal right to be considered the biological mother of the twins.
The court clarified that the petitioner's sister's role was limited to donating eggs, making her the genetic mother, but not the legal mother. The amicus curiae assisting the court pointed out that the surrogacy agreement signed in 2018 predates the Surrogacy (Regulation) Act, 2021.
The applicant is confirmed as the legal mother
The court ruled that under the law, the twin girls were legally recognized as the daughters of the complainant and her husband. According to the petition, the couple was unable to conceive naturally and had to rely on voluntary egg donation from the petitioner’s sister.
The surrogate mother was conceived in December 2018, and the twin girls were born in August 2019.
From August 2019 to March 2021, the petitioner lived with her husband and twin daughters. He later claimed that his sister-in-law, the egg donor, fell into depression after the car accident and moved in with him to help care for the twins.
The petitioner lodged a complaint with the police and sought temporary visitation rights with her daughters through the local court. After the local court rejected her application in September 2023, she escalated the matter to the High Court.
