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Sperm, egg donors have no right on child: Bombay HC

Petitioner’s kids, born via surrogacy, were living with her estranged husband, younger sister

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The petitioner’s husband claimed his sister-in-law had a legitimate right to be called his twins’ biological parent as she was the egg donor

The petitioner’s husband claimed his sister-in-law had a legitimate right to be called his twins’ biological parent as she was the egg donor

A Sperm or egg donor has no legal right on the child and cannot claim to be its biological parent, the Bombay High Court held on Tuesday while allowing a 42-year-old woman visitation rights to her five-year-old twin daughters. The woman, in her plea, said her daughters, born via surrogacy, were living with her husband and younger sister, who was the egg donor.

The petitioner’s husband had claimed since his sister-in-law was the egg donor, she had a legitimate right to be called a biological parent of the twins and that his wife had no right over them. A single bench of Justice Milind Jadhav, however, refused to accept this contention, citing that though the petitioner’s younger sister was the egg donor, she has no legitimate right to claim that she is a biological parent of the twins. The court said the role of the younger sister is that of an egg donor, rather, a voluntary donor, and at the most, she may qualify to be a genetic mother and nothing more.

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