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ANITA SUMANTH
V. Girija – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai – Respondent
JUDGMENT :
(Prayer in W.P.No.6411 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioners representation dated 11.10.2023 under the Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 and consequently issue eligibility certificate to the petitioners to undergo surrogacy procedure by utilizing the donor egg to the proposed surrogate mother and the 2nd petitioner's sperm.)
1. W.M.P.Nos.7187, 7192, 7120, 7174, 7182, 7184, 7169, 7153, 7164, 7155, 7160 and 7161 of 2024, filed seeking permission to file a single writ petition are ordered on payment of separate court fee, if not already paid.
2. These writ petitions have been filed by 12 couples seeking a mandamus directing the second respondent, being the Director, Directorate of Medical and Rural Health Services and the third respondent being the Joint Director of Health Service/District Medical Board to consider their representations under Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 ('Act') and issue eligibility certificates to them t
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 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 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....
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....
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.
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....
Section 4 deals with regulation of surrogacy and surrogacy procedures.
The court determines that the retrospective application of surrogacy rules conflicting with existing provisions recognizing disabilities is improper, necessitating medical certification for those aff....
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