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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, K. Rajasekar, JJ
Subbulakshmi – Appellant
Versus
Union of India – Respondent
ORDER :
K. RAJASEKAR, J.
This Writ Appeal has been filed challenging the order dated 21.08.2024 passed in W.P. No. 23771 of 2024, wherein the learned Single Judge of this Court has dismissed the Writ Petition filed by the appellants herein, rejecting the relief of quashing the proceedings of Respondent No.3 dated 04.03.2024 on the ground that the letter impugned is not ultra vires to the Surrogacy Regulation Act, 2021 and Surrogacy (Regulation) Rules, 2022.
2. The brief facts leading to the filing of this appeal are brief as follows:
3. The petitioners herein are intending couple possessing certificate of essentiality for the purpose of surrogacy, issued as per the Surrogacy Regulation Act, 2021 (Surrogacy Act, hereinafter). They have able to secure a Surrogate mother for the purpose of surrogacy and approached the concerned authorities for issuance of eligibility certificate for the Surrogate mother to undergo Surrogacy procedure. According to the petitioners, the Surrogate mother fulfills the conditions and there is no legal impediment for issuing the eligibility certificate to her. They approached the appropriate Authority and issuance of the certificate was refused on the ground th
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....
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 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.
The Surrogacy (Regulation) Act, 2021 provides comprehensive procedures and regulations for surrogacy, including the requirement for a 'Certificate of Recommendation' from the Board for gestational su....
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
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