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.