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Bombay HC says no to DNA test of kid born through surrogacy
The Bombay high court (HC) on Friday rejected the plea of a Wadala couple that sought a DNA test to ascertain the paternity of their child, born through surrogacy, as they apprehended that their child was swapped at the hospital. The court, however, said it did not find any basis or material for the petitioners’ apprehension.
A division bench of justices BP Dharmadhikari and NR Borkar, however, agreed to inquire into the couple’s allegations that huge rackets were being run under the guise of surrogacy and procedures were not being conducted properly. “We will look into the conduct of surrogacy procedures in general, but we won’t allow DNA test to be conducted to ascertain paternity of the child,” said the bench, adding, “It will weaken the bond between the child and the parents. We don’t want a situation where petitioners are required to adopt the child they’re raising as their own.”
The petitioners’ lawyer had sought a DNA test stating that it was the only way to ascertain whether the couple’s child was handed over to some other couple or not. He also submitted that the petitioners will continue to raise the child as their own, even if the DNA test result is negative. He added that the court may call for the test report in a sealed cover.
According to the petition, the petitioners — a 48-year-old man and his 45-year-old wife — married for seven years, had opted for surrogacy as they were not able to conceive. The procedure started in January 2019 and their child was delivered at 2.39pm on October 15. The couple, however, had apprehensions that their child was swapped with some other couple’s child owing to certain events following the birth of the baby and the alleged conduct of the supervising doctor. They also sought directions to file an FIR against the doctor and the hospital, if the results were negative.