Surrogacy: HC directs couple to prove incapability

CHENNAI: The Madras High Court (MHC) has directed a couple intended to have a baby through a surrogate mother to appear before the competent authorities to prove the wife’s incapability to carry pregnancy.

A couple moved the MHC seeking to direct the State to issue a certificate of medical indication necessitating gestational surrogacy under section 4 of the Surrogacy (Regulation) Act, 2021 to enable them to commence and complete all the legal formalities to have a baby under surrogacy.The case was listed before Justice Anita Sumanth. Advocate R.S. Lakshmi Priya appearing for the couple, submitted that since the wife was suffering from a medical illness condition and she could not undergo pregnancy, doctors advised them to go for surrogacy. The couple has their own biological embryos and found a fit surrogate mother as mandated under the provisions of the Surrogacy Act, 2021, submitted the counsel.

The judge wrote that rule 14 of Surrogacy (Regulation) Rules, 2022 (Rules), stipulates statutory conditions necessitating gestational surrogacy where a woman may opt for surrogacy as she has any illness that makes it impossible for the woman to carry a pregnancy.

The judge directed the couple to represent themselves before the competent authority, on February 29, for requisite medical tests to prove the wife’s incapability. The judge also directed the State to process the requisite and issue an order on the same day of the representation.