Telangana High Court orders return of baby girl to victims of ‘surrogacy scam’

According to the petitioner’s counsel, Anuradha Cherukuri, the couple had developed an emotional bond with the child even before her birth and taken care of her for two months after she was born. However, when a DNA test revealed the child was not biologically theirs and the alleged surrogacy scam came to light, the CWC took the child into its custody.

The petitioner’s counsel argued that despite the biological disconnect, the couple considered the child their own and had been regularly visiting and providing for her while she was in the CWC’s care.

The government pleader, appearing for the women and child welfare department, contended that the case fell under the Surrogacy (Regulation) Act 2021 and that the child could not be returned to the couple without proper procedures.

However, Justice T Madhavi Devi stated in her order, “This Court is prima facie satisfied that the petitioner and her husband are the victims of scam committed by Dr. Namratha and Universal Srushti Fertility & Research Centre.”

The judge noted that the child’s birth certificate listed the couple as parents and that the child had been in their care for two months.

The order directed the CWC and Sishu Vihar to “hand over the custody of the child to the couple immediately” and said they “are also free to visit and monitor the welfare of the child as they deem fit”.

The court also directed the CWC and Sishu Vihar to file their counter-affidavit and listed the matter for further hearing on October 15.