Manji was born in Akanksha Infertility Clinic (AIC) in Anand, Gujarat and the Yamadas, according to Associated Press, had signed a surrogacy agreement with Priti Patel in November. Dr Nayana Patel, who runs AIC, told The Indian Express over the telephone that there was no problem with the surrogacy. “The Japanese couple came to us in November last year and the IVF was conducted using an Indian egg donor. However, in this case, since the couple is divorced, the baby will go to the genetic father. But it is now a legal issue,” Dr Patel said.

Supreme Court advocate Indira Jaisingh has agreed to be Dr Yamada’s counsel if needed. “There is no law in India for surrogacy but only some Indian Council for Medical Research (ICMR) guidelines. Foreign parents have to comply with adoption guidelines to take custody of a surrogate child,” Jaisingh said.

She also said that in Manji’s case, she would probably have to become a ward of the court, who would then appoint the grandmother as the guardian. “For now, the grandmother is the de facto guardian. But with India emerging as a destination for surrogate pregnancies, a law will have to be brought into effect,” Jaisingh said.