The high court bench of justice Anupinder Singh Grewal ordered that the single NRI father would be the sole guardian of the child. The HC bench said the father will have custody of the child and would further decide whether the boy will remain in India or Australia. The Punjab and Haryana high court has granted guardianship of a four-year-old surrogate boy to a single NRI father living in Australia.
The high court bench of justice Anupinder Singh Grewal ordered that the single NRI father would be the sole guardian of the child. The HC bench said the father will have custody of the child and would further decide whether the boy will remain in India or Australia.
The boy was born in December 2019. In June 2022, the NRI father was refused visa by the Australian Embassy on the grounds that the child was born through surrogacy in India, with one commissioning parent, and the laws in India were unclear and therefore, a declaration be obtained from a court which confirms that the father can have the legal custody of the child and can take the child from India. It also sought a declaration that no other parties involved in the surrogacy arrangement, including the person who donated the egg, have any legal right on the boy.
