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 dated29.02.2024.

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 purpose the 90 days time limit is fixed for disposing of the application by the authority under Section 36(h) of the Act. The appropriate authority under Section 36(h) of the Act ought to have considered the application filed by the petitioners/intending couple within a period of 90 days and passed orders, whereas, such action was not undertaken by the official respondents as mandated under the Act. Thus, the delay in passing order under Section 36 of the Act by the official respondents has resulted in the first petitioner crossing the cut off age and the Act being a welfare legislation enacted to benefit couples bereft of the ability to conceive children, has to be given life to benefit the intending couple and the because of the delay on the part of the respondents, the benefit granted to such persons cannot be taken away. In this regard, it is relevant to note th