Single NRI Australian father gets custody of surrogate child
1 year, 1 month ago

Single NRI Australian father gets custody of surrogate child

Hindustan Times  

The Punjab and Haryana high court has granted guardianship of a four-year-old surrogate boy to a single NRI father living in Australia. The high court bench of justice Anupinder Singh Grewal ordered that the single NRI father would be the sole guardian of the child. In June 2022, the NRI father was refused visa by the Australian Embassy on the grounds that the child was born through surrogacy in India, with one commissioning parent, and the laws in India were unclear and therefore, a declaration be obtained from a court which confirms that the father can have the legal custody of the child and can take the child from India. The precedents or the judicial pronouncements, where it has been held that the best interest and welfare of the child has to be kept in mind, are in the backdrop of the battle of custody of the child between the parents while here it is only the biological father who is seeking a declaration that he is the sole legal guardian of the child,” the bench observed taking note of declaration from the surrogate mother and her husband, who had supported the petition.

India Court Child Punjab Single Parent This Regard Nri Australian Father Gets Father Gets Custody Gets Custody  father  gets  custody  court  surrogacy  nri  australian  child  surrogate  issue  single  parent  legal

History of this topic

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
10 months, 3 weeks ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 3 months ago

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC

Live Law  

Observing that a child is the worst victim where there is acrimonious relationship between the parents, the Delhi High Court has said that a minor’s age and the surrounding circumstances of the period of separation from a parent are relevant while considering his or her 'intelligent preference'. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Mumbai Court Declares Australia Based Couple As Legal Parents Of Surrogate Child
2 years, 4 months ago

Mumbai Court Declares Australia Based Couple As Legal Parents Of Surrogate Child

Live Law  

The City Civil Court in Mumbai recently declared an Indian couple based in Australia as the genetic and biological parents of their son born out of surrogacy, enabling them to travel to Australia along with the child. The couple claimed that the surrogate mother was not cooperating with them despite the existence of an agreement and there were several other …

Child welfare is supreme in custody cases, says Supreme Court
2 years, 11 months ago

Child welfare is supreme in custody cases, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court has ruled that in matters involving the custody of a minor child having foreign citizenship, the predominant right of child welfare can’t be weighed against the rights of parents who involved in a dispute over the repatriation of the child. “The issue regarding custody of a minor child and the issue of the repatriation of …

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC
3 years, 6 months ago

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC

News 18  

Ruling that an extramarital affair of a woman cannot be used to define her as a bad mother, the Punjab and Haryana High Court handed over the custody of her four-and-a-half-year-old daughter to the woman on Wednesday. Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

Discover Related