HC sets aside government’s rejection of woman’s request for surrogacy

The Telangana High Court set aside the State government’s rejection order of a request by a woman to go for surrogacy to have a child.

Justice Nagesh Bheemapaka of the HC, allowing a writ petition filed by a woman, observed that ‘having children carries significant cultural and religious implications promoting familial and social duties crucial for societal continuity’. The judge instructed the officials concerned of the office of the Commissioner of Health and Family Welfare to issue certificate of Essentiality and Eligibility to the petitioner to go ahead with the surrogacy to have a child.

The 32-year-old petitioner, a doctor, got married nearly four years ago. She was suffering from Complete Androgen Insensitivity (CAIS) — missing uterus and ovaries. Due to the chromosomal disorder, she could not conceive and hence opted for surrogacy method to have a child. She applied to the District Medical Board as per the Regulation 14 (a) of the Surrogacy Regulation-2021 Act.

The Board issued a Medical Indication Certificate in 2023. Later, the woman approached the Second Additional Junior Civil Judge-cum-Tenth Additional Metropolitan Magistrate seeking an order of parentage and custody of the child to be born through surrogacy. In July, 2024, the court granted an order in their favour. Later, she applied to the Commissioner’s office for eligibility certificate only to be rejected.

The Commissioner’s office stated that surrogacy was permitted in case of a legally married Indian man and woman and that transgenders were not covered under the Surrogacy Regulation Act. The report said the petitioner request cannot be considered since she had 46XY karyotype chromosome. The verdict said the petitioner with 46XY karyotype chromosome was otherwise healthy but did not have menarche or menstrual period. She, however, was normal in having physical coitus, the judgment said.

The Surrogacy Regulation Act was meant to help women suffering from rare disorders and lead a normal married life. The petitioner and her husband were married and their Aadhaar cards confirmed they were within the prescribed age limits. They did not have any surviving child either biologically or through adoption or through surrogacy earlier.

Hence, rejection of the woman’s request on the ground of chromosome defect was unwarranted, the judge said.