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Though petitioner’s parents have supported her sister’s decision to stay with Respondent 1 and his daughters due to her state of depression after losing her husband and daughter in the accident, this cannot be a consideration for this Court to consider that petitioner’s sister is the biological mother of petitioner’s daughters merely because she is the egg donor.
“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”
The Court held that Wrongful Death of a Minor Act provides a cause of action for the death of any “minor child,” without exception or limitation, which means it also includes frozen embryos.
The Court clarified that the order is limited to permitting the removal of the spermatozoa and does not constitute authorisation for the spermatozoa to be used by the applicant.
While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.
Bombay High Court: Ravindra V. Ghuge, J., while allowing the present petition and setting aside the impugned order of the Family Court,