The Bombay high court in an interim order stayed the directive of the Union government and the Indian Council for Medical Research banning surrogacy for foreign couples who are in the final stages of the process. Hearing a petition filed by fertility clinics, the HC's vacation bench headed by Justice Ravi Deshpande clarified its order was restricted to cases in the midst of treatment.
It asked the clinics to furnish details of such cases to the authorities and barred them from taking up fresh cases of surrogacy for foreign couples.
Coincidentally, the Centre, in an online statement, announced that the ban will not affect surrogacy cases already underway and or exit of child or children born out of surrogacy before November 4. It added that Overseas Citizen of India cardholders, too, cannot seek surrogacy in India under its new policy.
The HC, rejecting the Centre's contention that there was no urgency in the matter, said before introducing a sudden change in policy, prior notice should have been given. “The preparatory steps to commission surrogacy consume time, energy and cost, apart from pain and suffering by the individuals (involved). Once such process is set in motion, it becomes very difficult to abandon or postpone it at the crucial stage,” said the judge. “In such situation, if this court fails to interfere in the matter at the crucial stage, the same shall result in travesty of justice.”
The HC pointed out that by the government's own admission, commercial surrogacy had not been banned and recognition of clinics not suspended.
