BABY MANJI YAMADA versus UNION OF INDIA & ANR.

BABY MANJI YAMADA versus UNION OF INDIA & ANR.

A writ petition under Article 32 challenging High Court directions regarding custody of a surrogate baby is not maintainable. Complaints relating to child welfare arising out of surrogacy arrangements must be addressed before the Commission constituted under the Commissions for Protection of Child Rights Act, 2005, which has jurisdiction to inquire into deprivation and violation of child rights.

Parties
Petitioner: Baby Manji Yamada; Respondent: Union of India; Respondent: SATYA (NGO)
Jurisdiction
India
Judgment Date
29 September 2008
Procedural Posture
Writ Petition (civil) No. 369 of 2008 Under Article 32 / Final Disposal by Supreme Court
Outcome
Writ petition disposed of; no order as to costs; proceedings pending in High Courts relating to the matter stand disposed of
Legal Topics
Surrogacy, Child Rights, Maintainability of Writ Petition, Jurisdiction of Commissions for Protection of Child Rights
Constitutional Law Child Welfare Family Law Surrogacy Child Rights Maintainability of Writ Petition Jurisdiction of Commissions for Protection of Child Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Baby Manji Yamada

Petitioner

Union of India

Respondent

SATYA (NGO)

Respondent

Procedural Posture

Writ Petition (civil) No. 369 of 2008 Under Article 32 / Final Disposal by Supreme Court

Legal Issues

  1. 1 Maintainability of writ petition challenging High Court directions regarding custody/production of surrogate baby
  2. 2 Jurisdiction and procedure for complaints about child welfare in surrogacy cases

Ratio Decidendi

A writ petition under Article 32 challenging High Court directions regarding custody of a surrogate baby is not maintainable. Complaints relating to child welfare arising out of surrogacy arrangements must be addressed before the Commission constituted under the Commissions for Protection of Child Rights Act, 2005, which has jurisdiction to inquire into deprivation and violation of child rights.

Court Disposition

Writ petition disposed of; no order as to costs; proceedings pending in High Courts relating to the matter stand disposed of

Orders

  • If any person has a grievance relating to the child, the same can be ventilated before the Commission constituted under the Commissions for Protection of Child Rights Act, 2005
  • If a comprehensive application is filed regarding permission to travel and passport issuance for the child, or visa extension for the grandmother, it will be disposed of by the Central Government expeditiously and within four weeks from the date of receipt