The Bombay High Court on Tuesday directed that the Director General of Foreign Trade and Department of Family Welfare of the Centre be made parties to a petition filed by a U.S. couple who want to take back their eight embryos kept in a city hospital following a recent ban by the Indian government on commercial surrogacy.
Giving this direction, a Bench headed by Justice Shantanu Kemkar posted the matter for hearing on October 24. The judges were of the opinion that import and export regulations are being governed by the Director General of Foreign Trade and it should be made a party. Moreover, the petition concerns embryos and hence Family Welfare department should be heard in this matter.
Counsel for the petitioner Ashutosh Kumbhkoni argued that the government should not adopt an adversarial approach and must find out a solution to the problem. The lawyer argued, “These are our embryos and what will the government do with them. We had brought them to India in accordance with the laws of this country and after seeking permission of the authorities. Now that surrogacy is banned in India, we want to take them back.”