India’s Supreme Court has agreed to hear a petition seeking a decision on whether to annul a court order to pay child support to a surrogate mother and father, who are both living in New Delhi.
The court had ordered the court to consider the petition by the family of a surrogate child, who has been living in Delhi for the last five years.
The case had been on the docket for almost two months when the Supreme Court last week decided to take up the matter.
The court said the court had to decide whether to allow the case to be heard on the issue of the child support payments to the surrogate mother, who is also a member of the same caste as the child’s biological mother.
Amitabh Agarwal, lawyer representing the surrogate father, had submitted that the surrogate woman should be allowed to pursue the case on her own, and should not be allowed by the court in the name of a child.
The issue of child support is an extremely sensitive one in India, where there are more than 10 lakh surrogates.
In Delhi, there are also about 50,000 surrogates, according to data compiled by the Centre for Science and Environment.
The surrogates are not legally allowed to have children with other surrogates as they are not members of the caste that is recognized by the state and they are legally married to the child of the surrogate.
According to the Centre’s data, in 2012, there were around 5,400 surrogates who were registered in Delhi.
About 1,400 of them were members of their own caste, according a 2014 report by the Supreme Council for Justice.
The rest were registered as members of other castes.
For many years, surrogates have been given access to money from the state government to support their surrogates from the very beginning.
A woman who had her child with a surrogate in 2011 was allowed to get a lump sum of Rs.4 lakh to support the surrogate’s child.
In 2014, a court ordered that the amount should be paid to the woman.
A court in Delhi last year rejected the petition.