Disposed

Sri Durai v. State Appropriate Authority

Karnataka HC18 Dec 2024WP/34669/2024

Case brief

AI extract

What is this about?

Petitioners, childless and over the age limit, seek surrogacy certificates. The Court disposes of the petition, directing them to approach the State Surrogacy Board. The Board must consider eligibility within four weeks if approached, adhering to the triple test principles from WP No. 5861/2023.

What did the court decide?

Petition disposed; petitioners directed to approach State Surrogacy Board; Board to decide within four weeks if approached within four weeks.

Sri Durai Vs State Appropriate Authority — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:52408 WP No. 34669 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34669 OF 2024 (GM-RES)

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BETWEEN:

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SRI DURAI S/O. SATHYANARAYANAN, AGED ABOUT 55 YEARS.

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SMT. VINODHA W/O. SRI DURAI, AGED ABOUT 46 YEARS

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BOTH ARE RESIDING AT NO.317, PARAMOUNT SUMADHURA SERENE MANIPAL COUNTY ROAD, MANIPAL COUNTY, SY.NO.117/2, SINGASANDRA, BENGALURU SOUTH TALUK, BENGALURU-560 068.

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…PETITIONERS

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(BY SRI. MALLIKARJUN N K, ADVOCATE FOR SRI. A SAMPATH., ADVOCATE)

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

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AND:

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STATE APPROPRIATE AUTHORITY A.R.T. AND SURROGACY ACT REPRESENTED BY COMMISSIONARATE, HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, 1 CROSS, MAGADI ROAD, BENGALURU-560 023.

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DISTRICT MEDICAL BOARD SURROGACY (REGULATION) ACT 2021 K.C. GENERAL HOSPITAL, BENGALURU-560 003. REPRESENTED BY ITS MEMBER.

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NC: 2024:KHC:52408 WP No. 34669 of 2024

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KARNATAKA STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD, DEPT. OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE ESSENTIAL CERTIFICATE / SURROGACY CERTIFICATE/ ELIGIBILITY CERTIFICATE/ APPROPRIATE CERTIFICATE FOR THE PETITIONERS TO PROCEED IN THE SURROGACY FOLLOWING THE OBSERVATION MADE BY THIS HONBLE COURT IN W.P. NO. 5861/2023 DTD. 21.04.2023 VIDE ANNX-D.

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THIS PETITION, COMING ON FOR ORDERS, 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 are childless, are seeking a surrogacy certificate for medical reasons, as well as eligibility and essentiality certificates, upon fulfilling the conditions laid down under the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as ‘the Act’).

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The petitioners, who are intending to undergo surrogacy, are beyond the age limit prescribed by one year under Section 4(iii)(C)(I) of the Act, 2021, and therefore seek permission to undergo surrogacy treatment using donor eggs.

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NC: 2024:KHC:52408 WP No. 34669 of 2024

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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 the issuance of an eligibility certificate could 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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i) 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.

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ii) In the event that the petitioners 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 the issuance of an eligibility certificate within four weeks thereafter.

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NC: 2024:KHC:52408 WP No. 34669 of 2024

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iii) While doing so, the Board/Authority shall bear in mind the observations made by this Court in WP No.5861/2023 (DD 21.04.2023).

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

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List No.: 4 Sl No.: 20