The Karnataka High Court has directed the State Surrogacy Board to consider an application filed by an elderly Bengaluru couple who have crossed the maximum age limit for being surrogate parents prescribed under the law..Justice Hemant Chandandangoudar allowed the petition filed by the couple seeking a surrogacy certificate for medical indications, as well as eligibility and essentiality certificates as mandated under the Surrogacy (Regulation) Act, 2021 to enable them to undergo surrogacy treatment using donor eggs.The petitioners told the Court that they had lost both their biological sons in two separate incidents between 2002 and 2016..The woman petitioner is currently 55 years old while her husband is 59. The Surrogacy Act prescribes a maximum age limit of 50 and 55 for a woman and a man respectively, who intend to opt for surrogacy using donor eggs.The petitioners told the Court that while they were beyond the age limit prescribed under the Act, another bench of the Karnataka High Court had allowed a similar petition in 2023.The petitioners referred to the order in the case of H Siddaraju v. Union of India, where the judge had formulated a “triple test” directing the petitioners to undergo a “genetic, physical, and economic” test to assess their capability of taking care of a child. The Court had said at the time that if the couple was found eligible under the same, they be permitted by the State board to undergo the surrogacy procedure.The present petitioners argued that if assessed on the triple test criteria, they would be found eligible..Justice Chandangoudar took note of the 2023 judgement and said that it was appropriate to allow the present petition in terms of such order.“In similar circumstances, a coordinate Bench of this Court in the case of H Siddaraju and Another v. Union of India through its Secretary and Others ruled that the petitioners’ case for issuance of an eligibility certificate may be considered by the State Surrogacy Board/Appropriate Authority/Prescribed Authority, subject to the petitioners satisfying the triple test as enumerated in paragraph 25 of the judgment. Therefore, it is expedient to dispose of the petition in terms of the order passed by the coordinate Bench of this Court in the aforementioned case,” the High Court said.It accordingly directed the petitioners to approach the State Surrogacy Board and appropriate authorities with an application for an eligibility certificate. The Court further directed the State Board to assess the petitioners on merits as mandated by the 2023 judgment and pass appropriate orders for issuing the eligibility certificate within four weeks from receipt of such application..Advocate Gautam S Bharadwaj appeared for the petitioner couple.Advocate Sadhana S Desai and AGA Shamanth Naik appeared for the Central and State governments respectively..[Read Order]
The Karnataka High Court has directed the State Surrogacy Board to consider an application filed by an elderly Bengaluru couple who have crossed the maximum age limit for being surrogate parents prescribed under the law..Justice Hemant Chandandangoudar allowed the petition filed by the couple seeking a surrogacy certificate for medical indications, as well as eligibility and essentiality certificates as mandated under the Surrogacy (Regulation) Act, 2021 to enable them to undergo surrogacy treatment using donor eggs.The petitioners told the Court that they had lost both their biological sons in two separate incidents between 2002 and 2016..The woman petitioner is currently 55 years old while her husband is 59. The Surrogacy Act prescribes a maximum age limit of 50 and 55 for a woman and a man respectively, who intend to opt for surrogacy using donor eggs.The petitioners told the Court that while they were beyond the age limit prescribed under the Act, another bench of the Karnataka High Court had allowed a similar petition in 2023.The petitioners referred to the order in the case of H Siddaraju v. Union of India, where the judge had formulated a “triple test” directing the petitioners to undergo a “genetic, physical, and economic” test to assess their capability of taking care of a child. The Court had said at the time that if the couple was found eligible under the same, they be permitted by the State board to undergo the surrogacy procedure.The present petitioners argued that if assessed on the triple test criteria, they would be found eligible..Justice Chandangoudar took note of the 2023 judgement and said that it was appropriate to allow the present petition in terms of such order.“In similar circumstances, a coordinate Bench of this Court in the case of H Siddaraju and Another v. Union of India through its Secretary and Others ruled that the petitioners’ case for issuance of an eligibility certificate may be considered by the State Surrogacy Board/Appropriate Authority/Prescribed Authority, subject to the petitioners satisfying the triple test as enumerated in paragraph 25 of the judgment. Therefore, it is expedient to dispose of the petition in terms of the order passed by the coordinate Bench of this Court in the aforementioned case,” the High Court said.It accordingly directed the petitioners to approach the State Surrogacy Board and appropriate authorities with an application for an eligibility certificate. The Court further directed the State Board to assess the petitioners on merits as mandated by the 2023 judgment and pass appropriate orders for issuing the eligibility certificate within four weeks from receipt of such application..Advocate Gautam S Bharadwaj appeared for the petitioner couple.Advocate Sadhana S Desai and AGA Shamanth Naik appeared for the Central and State governments respectively..[Read Order]
