(cache) The Hindu : National : SC grants custody of Manji to grandmother

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SC grants custody of Manji to grandmother

J. Venkatesan

Police restrained from taking away surrogate baby

New Delhi: The Supreme Court on Thursday granted the custody of surrogate baby Manji Yamada to her Japanese grandmother Emiko and restrained the police from forcibly taking away the baby. The baby is at present in a Jaipur hospital under the supervision of her grandmother.

A Bench of Justice Arijit Pasayat and Justice S.H. Kapadia gave this direction on a writ petition filed by Baby Manji Yamada (through her grandmother Emiko) following an order by the Rajasthan High Court to produce the child in court in four weeks. The Bench directed the matter to be listed for further hearing on August 20.

The Bench, at a special sitting at the residence of Justice Pasayat, in its order said: “Essentially the challenge is to the directions given by the Rajasthan High Court directing production of the child Manji Yamada by the police; though the child and/or the guardians are not parties. Until further orders the child will be in the custody of Emiko Yamada, who is stated to be the grandmother of the child. The police will not take any steps for production of the child before the Rajasthan High Court until further orders.”

In the meantime, the Bench issued notice to the Union of India and also sought the response from the Indian Council for Medical Research (ICMR) as Yamada’s counsel contended that national guidelines for accreditation, supervision and regulation of ART (Assisted Reproductive Technologies) clinics considered the baby as a legitimate child of the biological father.

The Bench also issued notice to SATYA, an NGO, who was the petitioner before the Rajasthan High Court and impleaded it as third respondent.

Manji was born last month after eggs from an Indian donor were fertilised using the Japanese man’s sperm and implanted in the womb of the surrogate Indian mother, Pritiben Mehta. Baby Manji’s biological father split from his wife after the fertilisation process, and his former spouse no longer wants the baby.

In view of this, SATYA moved the Rajasthan High court with a habeas corpus petition and the Jaipur Bench of the High Court on Tuesday issued notices to the Union and the State Home Departments asking them to produce Manji in court within four weeks and explain why the baby was being allowed to be taken to Japan.

The present petition by Ms. Emiko is for seeking custody of the child and to restrain the police from interfering with the possession of the baby.

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