Surrogacy – Guidelines for Magistrate on Parentage & Custody Order
Surrogacy -Guidelines for the Magistrate on Parentage & Custody Order
Proceedings under Section 4(iii)(a)(II) are beneficial, facilitative and child-centric proceedings and not adversarial litigation. The welfare of the child is the paramount consideration when determining custody. The jurisdiction exercised by the Magistrate is protective in nature and intended to safeguard, (a) the welfare of the child, (b) the rights of the intending parents; and (c) the autonomy of the surrogate mother.
The Certificates issued by the District Medical Board and Appropriate Authority carry a presumption of validity. Unless set aside by a competent forum or shown to be ex-facie illegal, fraudulent or without jurisdiction, the Magistrate ought not to reassess the merits of such certificates. The Magistrate shall not function as an appellate authority over the District Medical Board, Appropriate Authority, Insurance Authority or Registered ART/Surrogacy Clinics.
Whether the Magistrate can re-examine the correctness of the eligibility certificate, already issued by the appropriate authority, as an Appellate Authority? And what is the extent of the Magistrate’s power in passing an order of parentage and custody? Whether the non-examination of the husband of the surrogate mother is fatal to the proceedings?
