Bombay High Court dismissed the petition of a divorced woman seeking surrogacy, asked to go to Supreme Court

The Bombay High Court rejected a petition from a divorced woman on Monday, which sought legal permission for surrogacy in order to have a child. The court stated that it could have a far-reaching effect and could eventually lead to the commercialization of surrogacy. 

A bench of Justices G.S. Kulkarni and Advait Sethna stated, it is not just enough to focus on the rights of the woman, but the rights of the child must also be taken into consideration. In the petition, the woman stated that she had had her uterus removed for health reasons and that she does not want to marry again. She has two children who are living with her ex-husband.

The woman had sought to obtain a medical certificate for surrogacy from the National and State Assisted Reproductive Technology and Surrogacy Board and permission for the procedure. However, the court said that the matter involves broader issues and the woman should seek guidance from the Supreme Court.

The court said that the matter is not limited to the rights of the woman only, but it also affects the commercialization of surrogacy and the rights of the child. Therefore, the woman should seek guidance from the Supreme Court.

The woman's lawyer Tejas Dande said that his client falls under the definition of 'willing woman', who is a divorced or unmarried woman. He said that the woman's egg can be used in the surrogacy process and the medical director of a private hospital in Pune has issued a recommendation letter to the civil surgeon.