Child custody cases involving children born through surrogacy in India are handled with specific legal considerations. Here are the key points regarding this: 1. Legal Framework Surrogacy Regulation Bill: While the Surrogacy (Regulation) Bill is yet to be fully enacted, it outlines provisions regarding the rights of intending parents and the status of children born through surrogacy. 2. Intending Parents' Rights Legal Parentage: The intending parents (commissioning parents) are recognized as the legal parents of the child born through surrogacy, provided they have followed legal procedures. 3. Custody Considerations Best Interests of the Child: Courts prioritize the best interests of the child in custody disputes, similar to other custody cases. Factors such as the child’s welfare, stability, and emotional bond with the parents are considered. 4. Surrogacy Agreements Validity of Agreements: Courts may examine the surrogacy agreement to determine the intentions and rights of the parties involved, including the custody rights of the commissioning parents. 5. Surrogate's Role Limited Rights: The surrogate mother typically does not have legal rights over the child once the child is handed over to the commissioning parents, as per existing legal norms. 6. Judicial Precedents Court Rulings: Indian courts have adjudicated several cases involving surrogacy, often upholding the rights of commissioning parents while ensuring the child's welfare. 7. Legislative Changes Future Regulations: Ongoing discussions regarding the Surrogacy Regulation Bill may introduce more concrete guidelines for custody and parental rights in surrogacy cases. 8. Court's Discretion Individual Assessments: Courts have the discretion to assess each case individually, taking into account the unique circumstances surrounding the surrogacy arrangement. Conclusion Child custody cases involving surrogacy in India are handled by recognizing the rights of commissioning parents while prioritizing the child's best interests. Legal frameworks and ongoing legislative developments continue to shape this evolving area of law.