Delhi High Court - Orders
Harsh Neeraj vs Uoi And Anr on 29 May, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~98
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7750/2024
HARSH NEERAJ ..... Petitioner
Through: Mr. Padma Kumar and Mr. Gurpreet
Singh, Advocates.
versus
UOI AND ANR. ..... Respondents
Through: Mr. Farman Ali, SPC with Mr. Vidur
Dwivedi, GP and Ms. Usha Jamnal,
Advocates for UoI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 29.05.2024 CM APPL. 32144/2024 (Exemption) Allowed, subject to all just exceptions.
W.P.(C) 7750/2024
1. The Petitioner has approached this Court with the following prayers:
"(a)Issue a Writ of Certiorari and declare the action of the respondent No.2 in not issuing the Passport to the Petitioner Master Harsh Neeraj on the ground of absence of agreement executed between parties related to the surrogacy i.e. genetic parents and the surrogate mother as illegal, arbitrary and unconstitutional.
(b)Direct the Respondent No.2 to issue the Passport to the Petitioner Master Harsh Neeraj without any further delay.
(c ) Pass any other order(s) may kindly be passed, which this Hon' ble Court deems fit and proper, W.P.(C) 7750/2024 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 21:28:30 towards the ends of equity, justice and good conscience, in favour of the Petitioner."
2. The fact of the case reveal that the Petitioner was born on 17.03.2019 through the procedure of surrogacy at Seeds of Innocence, Fertility & Maternity Clinic at Yashoda Super specialty Hospital, IVF Department, Nehru Nagar, Ghaziabad U.P. A bonafide certificate was issued by the Hospital to the Petitioner. An application was filed on behalf of the Petitioner for issuance of an Indian Passport to the Petitioner. It is stated that the Petitioner, thereafter, received a letter dated 31.10.2023 from the Regional Passport Office calling for the following two documents:
"(a) Notarized Surrogacy agreement executed between parties related to the surrogacy i.e. the genetic parents and the surrogate mother.
(b) Bona fide certificate issued by the Head of the fertility clinic/center where the surrogacy was carried out."
3. It is stated by the learned Counsel for the Petitioner that the Petitioner has a bonafide certificate from the clinic but the Petitioner does not have the Notarized Surrogacy Agreement executed between the parties i.e., father who is a genetic parent and the surrogate mother.
4. Learned Counsel appearing for the Respondents draws attention of this Court to an Office Memorandum dated 14.09.2018. Paragraph No.4 of the said Office Memorandum dated 14.09.2018 reads as under"
"4. In light of the clarification/views of L&T Division, it has been decided that the Passport Authorities shall not ask for registered Surrogacy Agreement from the applicants/genetic parent(s) and process the passport applications of Surrogate children on submission of W.P.(C) 7750/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 21:28:30 notarized Surrogacy Agreement along with other required documents. Accordingly, para 9.3(a) of Chapter 10 of the Passport Manual, 2016 stands amended to this effect and shall be read as "Notarized Surrogacy Agreement"."
5. It is stated that the Petitioner has given a representation on 08.01.2024 seeking exemption from the requirement of producing the Notarized Surrogacy Agreement by treating the case of the Petitioner as a case of an adopted child for which there are specific provisions in the Passport Act.
6. The representation given by the Petitioner be considered by the Respondents in light of the request made by the Petitioner to consider the case of the Petitioner pari materia with the case of an adopted child. The authorities are directed to consider the representation of the Petitioner sympathetically within four weeks from today.
7. With these observations, the writ petition is disposed of, along with pending application(s), if any.
8. In case the representation is decided against the Petitioner, liberty is granted to the Petitioner to challenge the Order rejecting the representation and the Office Memorandum dated 14.09.2018.
SUBRAMONIUM PRASAD, J MAY 29, 2024 S. Zakir W.P.(C) 7750/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 21:28:31