After the birth of the newborn, the case of his possession in the High Court
Ahmedabad: The matter of keeping the newborn with you after birth has reached the door of the High Court. In which the parents who had a surrogate mother for the child have filed a habeas corpus application in the Gujarat High Court. Representing the petitioner’s counsel in the High Court, the petitioner’s counsel submitted that the surrogate mother has given birth to the child and is ready to hand over the custody of the newborn to her genetic parents. However, the police administration is not allowing this.
The surrogate mother is in police custody in a criminal case. He has been discharged from the hospital and is currently in police custody. while the child is in the hospital. The surrogate mother wants to give custody of the newborn to her genetic parents, but the police do not allow it. So that the custody of the newborn can be given to his genetic parents.
High court interrogated the lawyer of the petitioner
The High Court asked the counsel for the petitioner that how the newborn can be kept away from the surrogate mother for six to eight weeks or three months. Is it necessary to breastfeed a newborn? In response to which the petitioner argued that there is an agreement between the surrogate mother and the genetic parents. Accordingly, the custody of the child will have to be given to them. However, the High Court vehemently told the counsel for the petitioner that the settlement was contrary to Section 23 of the Contract Act and violated public policy. Does a newborn need breast milk and is it not necessary for a surrogate mother to breastfeed her baby?
Directive to present the Chief Justice in the concerned court
The bench of the Chief Justice of the High Court directed the counsel for the petitioner to present the matter before the High Court bench hearing the habeas corpus petition. After this first hearing, the Chief Justice of the High Court showed readiness to hear the matter urgently. However, the prosecution later informed the High Court that the bench hearing the habeas corpus petition would sit at 2.30 pm.
High Court dismissed the petitioner’s lawyer
The High Court had sought a memo from the counsel for the petitioner regarding the matter. However, she was unaware of it. So the High Court asked him that what should be done to get the information? The details of the memorandum of the case are available on the website of the High Court. When you come before the Chief Justice of a High Court for a mansion, you must be aware of the procedure for filing a case and the mansion.