Celebrity Couples Sneak Through Surrogacy Laws While Those Eligible Denied Treatment By Authorities Unaware Of Statutory Procedures: Madras High Court

Justice GR Swaminathan of the Madurai bench also noted that the authorities should be well versed with the procedures under the Act so that the applications are disposed of expeditiously. Further, since the intending parties had to approach the Judicial Magistrate for matters concerning parentage and custody, it was necessary to sensitise the judicial officers also.

Information about the District Medical Boards should be made available at every Medical College Hospital office. The government is obliged to ensure that the appropriate authorities and the members of the District Medical Board are well versed in the norms and procedures laid down in the aforesaid Acts. They should be sensitized so that applications are disposed of expeditiously. Since the Act requires that the intending couple and the surrogate to apply to the Magistrate Court for order concerning the parentage and custody of the child to be born through surrogacy, the State Judicial Academy should conduct programs so that the judicial officers are fully acquainted with the statutory provisions.

The court added that since there was a lot of confusion regarding the procedural formalities of the Act, even those eligible under the Act, were finding it difficult to have their procedure done, while celebrities were sneaking through the procedures.

Celebrity couples particularly the super celebrity ones will sneak through the surrogacy laws and its cumbersome procedures. While the constitutionality of the Act is pending consideration before the Hon'ble Supreme Court, it appears that even those who are eligible under the Act are not able to have their treatment procedures done because the concerned authorities are unaware of the procedures to be followed.

In the present case, the court was hearing the plea of a couple intending to have a child through surrogacy. The court noted that the Act prescribes that the intending couple must be within the age limit of 23-50 years (female) and 26-55 (male). Since the woman in the present case was going to turn 50 in October this year, the court directed the authorities to consider the couple's application within a period of four weeks.

The court added that though as per the Act, the Central and State government should have formed National Surrogacy Board and State Surrogacy Boards within 90 days of passing the Acts, there was no clarity if such a board existed in the State. Thus, it was necessary to form such Boards immediately as otherwise the rights of the couple will be frustrated by bureaucratic delay.

Case Title: Priya Dharshini and another v. State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 110