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B. V. NAGARATHNA, UJJAL BHUYAN
Arun Muthuvel – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. initial medical examination results. (Para 1 , 2) |
| 2. arguments concerning the impact of amendments. (Para 3 , 5 , 6) |
| 3. court explores surrogacy regulations. (Para 8 , 10 , 11) |
| 4. medical conditions and legal interpretations. (Para 12 , 14 , 16) |
| 5. final ruling on the amendment's applicability. (Para 17 , 18 , 19) |
ORDER :
W.P.(C) No. 830/2023:
1. Pursuant to our order and direction dated 09.10.2023, the Office of the District Medical & Health Officer (Chairperson District Medical Board), Medchal-Malkajgiri-District has submitted its report dated 11.10.2023 after examining the petitioner herein.
2. On perusal of the said report, it would be useful to extract the following portions of the Report:
We have perused the Pelvic ultrasound report from Lucid Medical Diagnostics dated 29/4/2022 which states that both uterus as well as Ovaries are not visualised. We have also relied on the 3T-MRI whole Abdomen repor
The court affirmed that amendments to surrogacy regulations cannot have retrospective effect, especially when they impede ongoing processes and must align with existing medical regulations.
The court's decision emphasized the importance of aligning amendments to subsidiary rules with the main provisions of the Act and ensuring that the statutory conditions for surrogacy are met.
The court determines that the retrospective application of surrogacy rules conflicting with existing provisions recognizing disabilities is improper, necessitating medical certification for those aff....
The impugned rules were found to be contrary to the Surrogacy Act and violated the petitioners' rights under the Constitution of India, leading to the court's decision to allow the petitioners to pro....
Section 4 deals with regulation of surrogacy and surrogacy procedures.
Guidelines restricting eligibility certificate issuance for Surrogate mothers to their district of residence are valid under the Surrogacy Regulation Act, ensuring compliance and proper implementatio....
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Legislative imposition of age eligibility for surrogacy does not infringe fundamental rights, as it serves legitimate interests regarding health and welfare of children born from surrogacy.
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
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