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G. S. KULKARNI, FIRDOSH P. POONIWALLA
XYZ – Appellant
Versus
Union of India through its Ministry of Health & Family Welfare, Department of Health Research – Respondent
JUDGMENT :
G. S. Kulkarni, J.
Writ Petition No. 10108 OF 2023
1. Rule. Returnable forthwith. Respondents waives service. By consent of the parties, heard finally.
2. The Petitioners, who are husband and wife got married on 29th April 2013. The Petitioners contend that they could not achieve parenthood due to serious medical issues suffered by the wife. Between the period of 2011 to 2023, the wife underwent surgeries. Confronted with several ailments arising from genetic abnormalities, the petitioners were advised that it would not be possible for the wife to bear a child in the natural course and the only option for them, was to have a child by surrogacy.
3. When the Petitioners intended to take recourse to the procedure of surrogacy under the provisions of the Surrogacy (Regulation) Act, 2021 ( for short “the Surrogacy Act”) and under the Rules framed thereunder, they were confronted with what was prescribed by the impugned notification dated 14th March 2023, issued by the Government of India, Ministry & Family Welfare. By such notification issued in exercise of powers conferred under Section 50 of the Surrogacy Act, the Central Government framed the following Rules to amend the Surrog
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....
The court affirmed that the amendment to the Surrogacy (Regulation) Rules, 2022, which restricts donor gametes, is inapplicable to petitioners with medical conditions, preserving their right to surro....
Section 4 deals with regulation of surrogacy and surrogacy procedures.
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.
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
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....
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