IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 9378 of 2026 and WMP.No.10109 of 2026

1. Vijaya Lakshmi

2. Vijay Anand Petitioner(s)

Vs

1. State Of Tamil Nadu Rep. by its, Principal Secretary to Government, Health and Family Welfare Department, Secretariat Chennai.

2.The Director The Directorate of Medical and Rural Health Service, No.359, DMS Complex, 361 Anna Salai, Chennai-600 006

3.Joint Director of Health /District Medical Board O/o. Joint Director of Health Service, Tiruvallur. District. Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, directing the Respondents to issue the Eligibility Certificate under the Surrogacy (Regulation) Act 2021 by considering the petitioners application dated

29.02.2024.

For Petitioner(s): Mr.K.V.Sajeevkumar For Respondent: Ms.M.Sheela Standing Counsel

ORDER

WMP.No.10109 of 2026 has been filed seeking to permit the petitioners to file a single writ petition. This petition is ordered on payment of single court fee.

2. This petition has been filed for a direction, directing the respondents to issue the Eligibility Certificate under the Surrogacy (Regulation) Act 2021 by considering the petitioners application dated 29.02.2024.

3. It is the case of the petitioners that they are husband and wife got married on 06.06.1999 and had begotten a female child in the year 2005 named Navya A.V. However, she was diagnosed with blood cancer and died on 16.06.2021. Thereafter, from 09.10.2021, they approached for hospital for IVF treatment, however, owing to age factors and other health issues, procedures were not successful, therefore, they opted for surrogacy and approached the second respondent and submitted application on 29.02.2024 for getting necessary permission under the Surrogacy Act, 2021. After 8 months, the second respondent sent a communication dated 22.10.2024 directing the petitioners to appear before the Government Hospital for Women and Children, Egmore for expert opinion, however, due to non availability of experts, the test were not taken and the procedures were dragged. However, later on 19.07.2025 reports were given to them and third respondent kept the file pending without any action. Hence, seeks for a direction to consider their application dated

29.02.2024.

4. The learned standing counsel for the respondents submitted that Surrogacy (Regulation) Act came into existence with effect from 25.01.2022 and the Eligibility Certificate will be issued by the authority under Section 4(iii) (c)(I) of the Act only if a person has not crossed the age of 50 years (in case of female) and 55 years (in case of male) on the day of certification, however, the first petitioner has crossed the cut off age and now she is aged 51 years, hence, seeks for appropriate orders.

5. Heard both sides and perused the materials placed on record.

6. Admittedly, the facts in the present case are not in dispute. The petitioners have been married in the year 1999 and begotten a girl child in the year 2005. However, unfortunately, their girl child died in the year 2021 owing to Blood Cancer. Immediately, they started to take IVF treatment in the year 2021 itself and thereafter, they have given an application to the second respondent on 29.02.2024 for surrogacy. At that time, the petitioner has not crossed the cut off age, i.e., 50 years.

7. This Court is of the definite view that though the petitioners were actively endeavouring in the surrogacy process, the official respondents sitting on file without undertaking the proper procedures as mandated under law in issuing Eligibility Certificate, that delay cannot be put against the innocent intending couple/petitioners.

8. It is to be noted that the petitioners have made the application for permission under the Surrogacy Act as early as on 29.02.2024 itself. It is not the case of the respondents that as on date of the application, the petitioners have crossed the cut-off age. It is only for this p