Who is the Legal Mother of a Surrogate Child? Karnataka High Court takes up the issue.

Nitin Kumar Misra vs The Commissioner.
WP 27604/2023 daily order dated 19 December 2023.
Justice Suraj Govindaraj

1. Sri. Pawan Kumar, learned counsel, accepts notice for respondent Nos.1 to 3. Issue notice to respondent No.4 returnable by 15.02.2024.
2. In the present matter, the petitioner is a donor of sperm, the ova being donated by the sister of respondent No.4, respondent No.4 being the wife of the petitioner. Twin children being born out of
   surrogacy, and the surrogate mother being a third party.
3. There being marital discord between the petitioner and respondent No.4, a divorce proceeding is pending between them. The petitioner is before this Court seeking for the deletion of the name of respondent No.4 from the column denoting the name of the mother in the birth certificate issued
   by the Corporation.
4. I am of the considered opinion that apart from the interse dispute between the petitioner and respondent No.4, it is the interest of the children, which would also have to be considered by this Court. The spouses using the children as a chattel to settle scores amongst themselves it is time that this court considers the interest of the Children independent of the interest of that of warring spouses. The said word being consciously used and not parents, since the spouses are only espousing their own individual personal rights and interest without considering the rights and interest of minor children who unfortunately are neither represented nor do they have a voice of their own.
5. I therefore deem it fit to appoint Sri. Manmohan P.N., learned counsel, as Amicus Curiae on behalf of the said children, to assist this Court and place on record the legal position in respect of the said children dehors the disputes between the petitioner and respondent No.4.
6. Among the submissions that the Amicus Curiae may choose fit to make submissions would also have to be made as regards:
   (a) Can the petitioner, on account of marital discord, seek for the deletion of the name of respondent No.4 from the birth certificate of the children in the present facts?
   (b) In the event likely or unlikely of the name of respondent No.4 being deleted from the birth certificate, whose name would have to be added in the column denoted for mother?
   (c) Submissions as regards the rights of the child/children, who had no role to play in the decision of surrogacy, vis-a-vis the rights of the father in the present case, who has donated the sperm, and the right of the woman who has donated the ova, as also to submit on situations where the father may also not be a donor of a sperm and such a donor being a third party.
   (d) The impact if any on right to succession intestate or otherwise including to joint family property.
   (e) The interplay between various relationships and permutation combination of such relationship would also have to be considered by the learned Amicus Curiae while making his submission for this court to take a decision on the matter in issue.
7. Re-list on 22.02.2024.
8. Learned counsel for the petitioner to furnish one set of the petition along with annexures on Sri. Manmohan P.N., learned counsel. Learned counsel for the Corporation to provide such assistance and documents as the Amicus Curiae may require in the matter.