Mother’s Love And Affection Wouldn’t Be Less Merely Coz Child Was Born Out Of Surrogacy;

During the hearing in the petition, the petitioner’s husband submitted that his wife does not have affection for their 1-year-old daughter since she was born out of surrogacy. So while trying to secure the interest and welfare of a minor child caught between warring parents, the Delhi High Court remarked that the love and affection that a mother has for a child would be no less merely because the child was born out of surrogacy.

The court noted that: The child in question is one year old baby girl. Though, she was born out of surrogacy- since the petitioner suffered two earlier miscarriages, she is nevertheless the biological mother of the petitioner child, and respondent is the biological father of the child but it is only natural that the petitioner and respondent – and their respective family members, hold love and affection in their hearts for the minor child. We cannot accept the submission of respondent that the petitioner not being the biological mother of the minor child, would have any less love or affection for her since the minor child was born out of surrogacy. Because even in respect of an adopted child, the parents, by and large, express and feel the same sense of love and affection with equal intensity as they would feel in respect of their naturally born child. The submission of the respondent, in our view, devalues the great qualities of love and bonding that are experienced not only by human beings but all animal species.

The father of the minor also raised concerns that the petitioner is a psychiatric patient and is taking treatment for depression and that she is busy professionally and socially and indulges in partying routinely, consumes alcohol and has extra-marital affair leaving no time for the child.

To this, the bench said, “In our view, the professional and social obligations and activities of the mother need not necessarily have an adverse impact on the upbringing and safety of the minor child. In today’s day and age, women are actively pursuing their professions and avocations. They are also socializing as their peers, friends, family and colleagues. That does not mean that they are necessarily failing in performance of their maternal obligations. In fact, working women are having to put in extra time and effort to keep both ends up, and they are doing it successfully. The child is an infant. At this age, the child has little understanding of the actions and conduct of the parents, particularly, those acts and conduct which take place outside the child’s environment”.

During the hearing, the bench said he would have to give the custody of the minor to the mother in the interregnum, without prejudice to his right.

So Mother’s love and affection wouldn’t be less merely because child was born out of surrogacy.