Disposed

Smt. Kunukuntla Jyothi v. Union of India

Karnataka HC11 Sept 2024WP/20210/2024

Case brief

AI extract

What is this about?

Petitioners who lost their only child sought surrogacy certificates despite exceeding the age limit under the Surrogacy (Regulation) Act, 2021. The Court disposed of the petition in terms of a coordinate Bench ruling, directing the authorities to consider their application for an eligibility certificate subject to the triple test.

What did the court decide?

Petitioners permitted to apply to State Surrogacy Board/Appropriate Authority for consideration of eligibility certificate per coordinate Bench order.

Smt. Kunukuntla Jyothi Vs Union of India — Karnataka HC (2024) — LawSathi Research

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NC: 2024:KHC:37333 WP No. 20210 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 20210 OF 2024 (GM-RES)

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BETWEEN:

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SMT. KUNUKUNTLA JYOTHI W/O B. NAGARAJENDRA GOWD, AGED ABOUT 53 YEARS,

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SRI NAGARAJENDRA GOWD BANTANAHAL S/O B KUMAR GOWD, AGED ABOUT 57 YEARS, BOTH (1) AND (2) ARE R/AT NO.128, A BLOCK, 3^RD CROSS, AECS LAYOUT, KUNDALAHALLI, NEAR VINAYAKA TEMPLE, BANGALORE NORTH, MARATHAHALLI COLONY, BANGALORE, KARNATAKA-560 037.

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…PETITIONERS

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(BY SRI. ABHIRAJ B. CHENGTI, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 011 (THROUGH ITS SECRETARY)

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THE DEPARTMENT OF LAW AND JUSTICE SHASTRI BHAVAN, NEW DELHI-11011 (THROUGH ITS SECRETARY)

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THE KARNATAKA STATE APPROPRIATE AUTHORITY SURROGACY (REGULATION) ACT 2021 DEPARTMENT OF HEALTH AND FAMILY WELFARE, AROGYA SOUDHA, BENGALURU-560 023

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NC: 2024:KHC:37333 WP No. 20210 of 2024

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KARNATAKA.

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(THROUGH ITS MEMBER SECRETARY).

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THE DISTRICT MEDICAL BOARD CONSTITUTED UNDER SURROGACY (REGULATIONS) ACT, 2021, K.C. GENERAL HOSPITAL, MALLESHWARAM, BENGALURU, KARNATAKA-560003 (THROUGH ITS CHARIPERSON).

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…RESPONDENTS

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(BY SRI. SADHANA S. DESAI, ADVOCATE FOR R1 AND R2; SMT. NAVYA SHEKHAR, HCGP FOR R3 AND R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SECTION 4(iii)c(I) OF SURROGACY (REGULATIONS) ACT, 2021 BEARING NO. NO. CG.DLE.251220-21-232118 ISSUED BY R-1 AND 2 PRODUCED AT ANNEXURE-H IN SO FAR AS IT RELATES TO DISQUALIFYING THE P-1 FROM BECOMING INTENDED PARENTS DUE TO THEIR AGE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners, who lost their only child in a road traffic accident on 25.06.2024, are before this Court seeking a surrogacy certificate for medical indication, as well as eligibility and essentiality certificates, upon fulfillment of all other conditions laid down under the Surrogacy (Regulations) Act, 2021 (hereinafter referred to as ‘the Act’).

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NC: 2024:KHC:37333 WP No. 20210 of 2024

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The petitioners are beyond the age limit prescribed under Section 4(iii)(C)(I) of the Act, 2021, and therefore seek permission for Petitioner No. 1 to undergo surrogacy treatment using donor eggs. 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 (2023 SCC OnLine Kar 16) ruled that the case of the petitioners therein 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.

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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. Accordingly, I pass the following:

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ORDER

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The petition is disposed of directing the petitioners to approach the State Surrogacy Board/Appropriate Authority/ Prescribed Authority with the appropriate application seeking redressal of their grievance. In the event, the petitioners would approach the Board/Appropriate Authority within four weeks from the date of receipt of the certified copy of this order, the State Surrogacy Board/Appropriate Authority/Prescribed Authority shall consider the application and pass appropriate orders for issuance of eligibility certificate within four weeks thereafter. While doing so,

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NC: 2024:KHC:37333 WP No. 20210 of 2024

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the Board/ Authority shall bear in mind the observations made by this Court in WP No.5861/2023 (DD 21.4.2023).

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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BKM