The court emphasizes the need for a liberal interpretation of the Surrogacy (Regulation) Act, 2021, remanding the case for fresh consideration and setting a precedent for future surrogacy-related proceedings.
In a landmark judgment, the Madras High Court has set aside a trial court's decision to dismiss a surrogacy petition filed by Sri Nandhini Devi and her husband, Saravanan. The petitioners sought legal recognition for a child to be born through surrogacy, which was previously denied by the Judicial Magistrate No. I, Namakkal, on grounds of age ineligibility and non-examination of the surrogate mother's husband. The High Court, presided over by Justice Shamim Ahmed, ruled that the trial court exceeded its jurisdiction and failed to apply the Surrogacy (Regulation) Act, 2021, as beneficial legislation.
The case revolves around the petitioners' desire to have a child via surrogacy after the tragic loss of their only son. Despite receiving eligibility certificates from the appropriate authorities, the trial court dismissed their application, citing that the first petitioner had surpassed the age limit of 50 years as per the Surrogacy Act. Additionally, the non-examination of the surrogate mother's husband was deemed a procedural flaw.
Justice Ahmed clarified that the Magistrate's role is confined to ensuring voluntariness, statutory compliance, and the welfare of the child. The court emphasized that the eligibility certificate issued by the appropriate authority carries a presumption of validity unless proven otherwise.
The judgment also provided clarity on the interpretation of age limits under the Surrogacy Act. The court ruled that a woman remains within the statutory age band of 50 years until she turns 51, aligning with the Kerala High Court's interpretation in a similar case.
Significantly, the court laid down detailed guidelines for magistrates handling surrogacy petitions, stressing the need for sensitivity and responsibility in such cases. It directed that applications should be disposed of within four weeks to prevent unnecessary delays and hardships for intending parents.
The High Court remanded the matter back to the trial court for fresh consideration, instructing the petitioners to seek an extension of their eligibility certificate. The appropriate authority was directed to issue this extension promptly.
This judgment marks a pivotal moment in the interpretation and application of the Surrogacy (Regulation) Act, 2021, ensuring that the legislation serves its intended purpose of facilitating ethical and legal surrogacy practices while safeguarding the rights of all parties involved.
Bottom line:-
Surrogacy (Regulation) Act, 2021 - Beneficial legislation - Magistrate's role limited to ensuring statutory compliance, voluntariness, and welfare of the child - Certificates issued by appropriate authorities carry a presumption of validity unless shown to be ex-facie illegal or fraudulent.
Statutory provision(s): Surrogacy (Regulation) Act, 2021 Sections 4(iii)(a)(II), 4(iii)(c)(I), 7; Constitution of India, 1950 Article 21.
