In an unprecedented move, the Telangana High Court has directed the Child Welfare Committee (CWC) authorities to return the girl child rescued from a fake surrogacy scam, to the non-biological parents. The court however clarified that this shall not become the precedent for future cases, said reports.
The Indian Express reported that the petitioner’s counsel, Anuradha Cherukuri, argued that the non-biological parents had developed an emotional bond with the child even before her birth and took care of her for two months after she was born. Even after the CWC took custody of the child, after it was exposed that the baby was not theirs, they continued to regularly visit the Sishu Vihar and provide care.
Though the counsel contended that the girl child should not be returned to the parents under Surrogacy (Regulation) Act 2021, the judge gave the verdict in favour of the couple. The judge also observed that the child’s birth certificate listed the couple as parents and that the child had been in their care for two months.
The court however asked the CWC authorities to monitor the child’s welfare after handing over the child, The Times of India reported.
“This court is prima facie satisfied that the petitioner and her husband are the victims of a scam committed by Dr Namratha and Universal Srushti Fertility & Research Centre,” justice T Madhavi said.
The surrogacy scam came to light in June this year. Dr Namratha who ran Universal Srushti Fertility & Research Centre allegedly cheated a Hyderabad-based couple by promising them a child through surrogacy. They spent over Rs 10 lakh for the ‘surrogacy treatment.’
However, Dr Namratha instead handed over the child of another couple. This came to light after the Hyderabad-based couple conducted a DNA test which established that the girl was not their biological daughter. Following the arrest of Dr Namratha, the girl was placed under the custody of CWC until further orders.