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Apex court extends Manji’s custody with grandmother

New Delhi: The Supreme Court on Wednesday extended its order granting custody of the surrogate baby, Manji Yamada, to her Japanese grandmother Emiko and restraining the police from forcibly taking it away.

A Bench consisting of Justices Arijit Pasayat and Mukundakam Sharma gave this direction on a writ petition filed by Manji Yamada (through Emiko) following an order by the Rajasthan High Court that the police produce the child in court in four weeks. At present, the child is in a Jaipur hospital under her grandmother’s supervision.

The Bench asked Solicitor-General G.E. Vahanvati to assist the court in this case as issues of vital importance had been raised including the locus standi of the non-governmental organisation, SATYA to take custody of the child, which had to be decided at the threshold.

The Bench granted SATYA time to file its reply to the writ petition in two weeks and rejoinder in one week. The matter is listed for further hearing on September 15.

The court in its August 14 order said: “Essentially the challenge is to the directions given by the Rajasthan High Court directing production of the child 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 High Court until further orders.”

Appearing for the child and the grandmother, senior counsel Indira Jaising said the birth certificate had been granted for Manji Yamada. No one doubted her parentage, and the child and the grandmother should be allowed to leave India.

She said the guidelines of the Indian Council for Medical Research for accreditation, supervision and regulation of ART (Assisted Reproductive Technologies) clinics considered the baby a legitimate child of the biological father.

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

When Justice Pasayat pointed out that there was no law in India that prohibited surrogate pregnancy, counsel for SATYA, Abhinav Sharma said there was no law either to allow surrogacy. Manjit being an abandoned child, the NGO moved the High Court for its custody.

He said the ICMR guidelines were not enforceable and the birth certificate would not amount to a certificate of nationality.

Counsel said the so-called surrogacy agreement was a fictitious attempt at child trafficking.

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