MOOT PROPOSITION

Mr. Raul Joy and Mrs. Jenne Joy of the Union of Lutina are successful Charted Accountants who have been married since April 22, 1994. The couple were unable to bear a child; after thorough investigations, it was revealed by the doctors to Mrs. Jenne that due to medical complications she wont be able to carry a child ever. Doctor advised them to adopt a child. However, they declined to adopt a child and decided to go in for IVF (Invitro Fertilization) treatment as they are very keen on having their own genetic child. IVF being banned in Lutina, the couple decided to come to the Union of Dibia in June 2007 for the procedure. The couple contacted IVF specialist Dr. Rabia who worked at a government hospital called Dibia Medical College and Hospital (DMCH) funded 100% by the state. On the advice of the doctor, the couple issued advertisements in the leading newspapers in Dibia, requesting ladies to come forward as surrogate mothers. 15 women applied for the same, out of these a 23 year old lady of Hindu faith, Mrs. Sushmita Singh was selected to be the surrogate mother for their child by the couple. Mrs. Sushmita was married to one Mr. Ramesh Singh who also consented for the same. He worked as lab technician in the Government Dispensary in Union of Dibia. Their economic condition was not very good so a reasonable amount was decided to be paid to Sushmita Singh for being a surrogate mother. An agreement dated August 16th, 2007 was executed between the Singhs and the Joys. At the time of agreement they paid Rupees 1 lakh to Mr and Mrs Singh as advance and agreed to pay remaining amount after the child custody was handed over to them. After the aforementioned agreement was signed and executed the IVF treatment was carried out. The treatment was completed on September 16th, 2007. After this the Joys left for their home country. The child was due to born on or around June 25th, 2008. Unfortunately, due to certain preoccupations in job and death of mother of Mr. Raul Joy, the couple could not make regular visits to Mrs. Sushmita Singh. In the meantime, Dr. Rabia, died on November 13th, 2007. So Mrs. Singh started getting medical treatment from one Dr. Shabina who had her private clinic. Dr. Shabina was not aware about the agreement dated August 16th, 2007. On June 20th, 2008, Mrs. Sushmita Singh gave birth to a healthy baby boy named Joseph. Both Mr. and Mrs. Joy were unaware of Dr. Rabias death and the birth of Joseph. They arrived in Dibia on June 23rd, 2008 for the delivery and to take custody of the yet to be born child. On

arrival at DMCH they realized the death of Dr. Rabia. When Mr and Mrs. Joy visited the home of the Mr. and Mrs.Singh they realized that Mrs. Singh had already given birth to Joseph. Mrs. Singh refused to hand over Joseph to Raul and Jenne Joy due to the reason that no money was received by them(Mr and Mrs Singh) during pregnancy for the care of child and surrogate mother. The Singhs also showed the birth certificate which mentioned Mr and Mrs Singh as the father and mother of Joseph. Then Mr. and Mrs. Joy filed a Writ Petition in the Supreme Court of Dibia against Mr and Mrs Singh seeking a writ of Habeas Corpus for taking custody of the child. Moreover, they have also alleged that the agreement dated August 16th, 2007 has been violated and asked forcompensation from Mr and Mrs Singh. The petition was filed in 2013. Argue as per the Indian Laws Made by Advocate Kush Kalra