Surrogacy Regulation - Judicial Magistrates must approach surrogacy petitions with sensitivity

Madras High Court Sets Aside Judicial Magistrate's Order; Directs Reconsideration of Surrogacy Petition. Court Emphasizes Sensitivity and Compassion in Handling Surrogacy Petitions under the Surrogacy Regulation Act, 2021

In a significant ruling, the Madras High Court has overturned the order of the Judicial Magistrate, Katpadi, which had returned a surrogacy petition filed by an intending couple, citing lack of jurisdiction. The judgment, delivered by Justice A.D. Jagadish Chandira, underscores the importance of handling surrogacy petitions with sensitivity, responsibility, and compassion, ensuring adherence to statutory safeguards while upholding the beneficial objectives of the Surrogacy Regulation Act, 2021.

The petition was filed by S. Prasanna and others, who are legally wedded and unable to conceive a child due to primary infertility issues faced by the second petitioner. They sought judicial approval for the surrogacy arrangement with the respondent, M. Jothika, the younger sister of the second petitioner, who agreed to act as a surrogate mother.

The Magistrate had returned the petition citing a lack of jurisdiction, referencing an interim order from the Supreme Court in the case of Arun Muthuvel v. Union of India which directed couples to approach their respective jurisdictional High Courts concerning age exemption criteria in surrogacy cases. However, Justice Chandira clarified that this Supreme Court order was not applicable to the present case, as the petitioners were seeking an order for parentage and custody of the child born through surrogacy, not an exemption from age restrictions.

Justice Chandira emphasized that surrogacy petitions touch upon deep human aspirations of childless couples to have children. The judicial officers must handle these petitions sensitively and ensure compliance with statutory safeguards without frustrating the beneficial objectives of the legislation. The Surrogacy Regulation Act, 2021, is a beneficial legislation aimed at regulating surrogacy and addressing infertility issues among couples, providing a legally structured, ethical, and medically safe pathway for parenthood.

The High Court has remitted the matter back to the Judicial Magistrate, Katpadi, directing that the petition be numbered, taken on file, and an enquiry conducted with appropriate orders to be passed within two weeks. This decision highlights the judiciary’s role in facilitating the lawful surrogacy processes while ensuring justice and compassion in matters involving personal and familial aspirations.

Bottom Line:

Surrogacy Regulation Act, 2021 - Beneficial legislation aimed at regulating surrogacy and addressing infertility issues among couples - Judicial Magistrates must approach surrogacy petitions with sensitivity, responsibility, and compassion ensuring statutory safeguards without frustrating the beneficial objectives of the legislation.

Statutory provision(s): Surrogacy Regulation Act, 2021, Section 4(iii)(a)(II)

S. Prasanna v. M. Jothika, (Madras) : Law Finder Doc Id # 2810255