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september 2008

Supreme Court of India · 2008-09-29

BABY MANJI YAMADA vs UNION OF INDIA

Citation / case number
SC 2008/23255
Court
Supreme Court of India
Petitioner
BABY MANJI YAMADA
Respondent
UNION OF INDIA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the legality of surrogacy in India, emphasizing the absence of specific laws governing the practice. The Court noted that the Commissions for Protection of Child Rights Act, 2005, particularly Section 13, mandates the establishment of a National Commission for the protection of child rights. The Court held that the petition filed by M/s. SATYA lacked locus standi and did not serve public interest, thus dismissing the habeas corpus petition. The ruling underscores the need for legislative clarity on surrogacy arrangements in India.

BABY MANJI YAMADA vs UNION OF INDIA · Niyam