Supreme Court of India · 2008-09-29
Baby Manji Yamada vs Union Of India & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 84
- Court
- Supreme Court of India
- Petitioner
- Baby Manji Yamada
- Respondent
- Union Of India & Anr
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the issue of surrogacy and child custody under Article 32 of the Constitution of India, 1950, emphasizing the need for a legal framework governing surrogacy in India. The Court noted that the Commissions For Protection of Child Rights Act, 2005, particularly Section 13, mandates the examination of safeguards for child rights. The Court held that the petition filed by the NGO lacked locus standi and was not in the public interest, thereby dismissing the habeas corpus petition.