Bangalore District Court
Sandip Ramdas Kur Hade vs Nil on 21 February, 2026
1 Crl.Misc.No.2506/2026
IN THE COURT OF XXXIX ADDL.C.J.M., BENGALURU
PRESENT : Smt. Lathadevi G. A. B.A.L., L.L.B., L.L.M.,
39th A.C.J.M., Bengaluru.
Crl.Misc. No:2506/2026
Dated This the 21th day of February, 2026
BETWEEN :
Petitioner/s : 1. Sri Sandip Ramdas Kur hade
S/o Ramdas Kodibhau Kur hade
Aged about 40 years,
2. Mrs. Kaveri Sandip Kur hade
W/o Sandip Ramdas Kur hade.
Aged about 37 years,
Both are R/at:
Flat No.A-604,
Tirupati Complex,
Plot No.07/08,
Sector:26, Kamothe,
Panvel, Rajgarh,
Maharastra-410206.
And
3. Mrs.Maya Mandal
W/o Athul Mandal,
Aged about 34 years,
R/at:No.01, Mihahat,
Harischandrapur,
2 Crl.Misc.No.2506/2026
Mihaghat,
West Bengal-732125.
(Rep. By Sri. BSD Adv.,)
Respondent/s : NIL
ORDERS
The petitioners have filed this petition U/s. 4[iii][a][II] of
the Surrogacy [Regulation] Act 2021 seeking an order of
parentage and custody of the child to be born to them through
surrogacy.
2. Brief facts of petitioners case is that, the petitioners No.1
and 2 are legally wedded couples having solemnized their
marriage on 2014. The petitioner No.2 could not be get any
child due to certain medical condition. The petitioner No.3 is
the surrogate mother, married to Athul Mandal. she has given
birth to a male child namely Vishwajeet Mandal, aged about 5
years and she is presently residing at No.01, Mihahat,
Harischandrapur, Mihaghat, West Bengal-732125. The
petitioner No.1 and 2 have complied with the conditions as
required under the Surrogacy (Regulations) Act, 2021. The
District Medical Board, Govt. of Karnataka has examined the
medical reports of the intending couple and issued Medical
3 Crl.Misc.No.2506/2026
Indication Certificate in favour of petitioner No.1 and 2 to
under go IVF with altruistic surrogacy procedure after having
been satisfied, that the intending couple have complied with
the provisions of Rules 14(c) and 14(d) of Surrogacy
(Regulations) Rules. The intending couple and surrogate
mother are known to each other and there is no commercial
transaction between them. The intending couple are ready to
bear the medical expenses and such other prescribed expenses
to be incurred on surrogate mother. The intending couple have
already insured the surrogate mother for 36 months (3 terms)
as required U/Sec.4(iii)(a)(III) for Rs.5,00,000/- as mutually
agreed between the parties. The entire surrogacy procedure
being done at Kiran Infertility Center, Bangalore Pvt., Ltd.,
No.8, 80 ft Road, 4th Block, Koramanagala, Bengaluru-
560034. The said hospital/center has issued certificate to that
effect along with medical and physical fitness certificate of
petitioner No.3 i.e., Surrogate Mother. As per the Sec.4 (iii) and
(a) of the Surrogacy (Regulations) Act, 2021 the appropriate
authority shall issue essentially certificate only after obtaining
an order concerning parentage and custody of child to be born
through surrogacy from the court of magistrate of first class
and above on the application made by the intending couple and
4 Crl.Misc.No.2506/2026
surrogate mother. Petitioner No.1 and 2 will be the biological
parents of the child to be born through petitioner No.3 under
the surrogacy procedure to be performed. There is no
commercial agreement between intending couple and surrogate
mother. The surrogate mother has consented to conceive the
child for the intending couple with free will and consent, there
is no coercion, undue influence or force exercised on the
petitioner No.3 surrogate mother. That surrogate mother i.e.,
petitioner No.3 has not acted as surrogate mother earlier and
she has not donated her own eggs/gametes for the surrogacy
procedure to be performed. Petitioners understood that the
child to be born through surrogate mother will be the natural
child of petitioner No.1 and 2 and this will create parent child
relationship with them. Petitioner No.1 and 2 shall be entitled
to the custody of child to be born upon its birth. The intending
couple are taking treatment within the jurisdiction of this
Court. The child to be born from the womb of petitioner No.3
shall be lawful child. Hence prays to allow the petition.
3. The petitioner No.3 appeared party in person and
submitted that, she has consented to stand as a surrogacy
mother.
5 Crl.Misc.No.2506/2026
4. In order to prove the petitioners case, the petitioners
No.1 to 3 got examined as PW1 to PW3 and got marked Ex.P1
to Ex.P13 documents.
5. Heard the argument and perused the materials
available on record.
6. On the basis of the petition averments, the following
points arises for my consideration:
1. Whether the petitioners have made out
the grounds to pass an order regarding
parentage and custody of the child to be
born through surrogacy?
2. What order?
7. My answers to the above points are as under:
Point No.1 :- In the Affirmative
Point No.2 :- As per final order
for the following:
REASONS
8. Point No.1: The petitioners have approached this court
seeking for an order to obtain a child through altruistic
surrogacy through petitioner No.3 (surrogacy mother) and
custody of the child as natural parents. Further have also
sought an order that, the surrogacy mother has to relinquish
all her rights with respect to the child born through altruistic
surrogacy.
6 Crl.Misc.No.2506/2026
9. The petitioner No.1 and 2 to evident that, they are
husband and wife as per Sec.4 (ii) (a) have produced Ex.P3
Marriage Registered Certificate and their Aadhaar cards to
prove their identity as per Ex.P1 and Ex.P2. Ex.P4 is the
Medical Certificate issued by K.C.General Hospital,
Malleshwaram, Bengaluru. In the present case as per Sec. 4(I)
(iii) (a) (I), the petitioners No.1 and 2 are the intending to obtain
a child through petitioner No.3 have furnished Surrogacy
Certificate for medical indication as per Ex.P4 which is issued
by the District Medical Board. Ex.P5 is the two copies of
Certificate issued by the Care Best Health Insurance. As per
Sec.2(b) Health Insurance Policies in favour of petitioner No.3
is obtained in the name of the surrogate mother or her
dependents or her representatives as per Ex.P5. Ex.P6 is the
Bandhan Life Group Micro Insurance Plan, Ex.P7 is the
Affidavit executed by Surrogate mother/ Petitioner No.3. Ex.P8
is the Birth Certificate of her son. Ex.P9 is the Aadhaar Card of
petitioner No.3. Ex.P10 is the Aadhaar Card of husband of
petitioner No.3. Ex.P11 and 12 are the Certificate of Medical
and Psychological Fitness of Surrogate. Ex.P13 is the Form
No.2 Consent of the Surrogate mother and Agreement of
7 Crl.Misc.No.2506/2026
Surrogacy issued by Kiran Infertility Center, Bengaluru Pvt.,
Ltd., Bengaluru.
10. As per Sec.4(IV) the petitioners No.1 and 2 have
produced Ex.P11 & 12 to prove the Medical and Psychological
Fitness for surrogacy procedure from the registered
practitioner. As per Sec.4(V) (c) (I) the petitioners No.1 and 2 to
prove their age have produced Aadhaar Cards Ex.P1 and Ex.P2
which reveals that, the petitioners are within the permissible
age limit, wherein female should be within the age limit of 25 to
50 years and male should be within the age limit of 26 to 55
years wherein petitioner No.1 is aged about 40 years and
petitioner No.2 is aged about 37 years as per their Aadhaar
Cards. In the present case they are within the permissible age
limits. As per Sec.4(V)(II)the intending couple don't have any
surviving child biologically, through adoption or through
surrogacy earlier. As per Sec.6(1) Surrogacy procedure (i) has
been explained all known side effects and after effects of
procedure to the surrogate mother and as per Sec.6(1) (ii)
written consent has been obtained from the petitioners No.3
which has been marked at Ex.P13. As per the above discussion
and documents, intending surrogate mother has consented to
give birth to a child by way of surrogacy. In view of the above
8 Crl.Misc.No.2506/2026
documents, petitions No.1 and 2 who are intending to obtain a
child through surrogate mother have made out sufficient
grounds to obtain a child through surrogate mother. Hence,
Point No.1 is answered in the AFFIRMATIVE.
11. Point No.2 : For the reasons discussed above, I
proceed to pass the following :
ORDER
The petition filed by the petitioners U/sec.4[iii][a][II] of the Surrogacy [Regulation]Act 2021 is hereby allowed. It is ordered that, the petitioners No.1 and 2 are the parents of the child to be born through surrogacy i.e., surrogacy mother (petitioner No.3) and they are entitled for the custody of the child as biological parents of the said child. This order shall be the proof of birth of a child through surrogacy.
No order as to costs.
(Dictated to the Stenographer on-line to the computer, typed by her, corrected and then pronounced by me in the open Court on this 21 st day of February 2026).
(Lathadevi G. A.) XXXIX ACJM, Bengaluru.
9 Crl.Misc.No.2506/2026ANNEXURE Number of witnesses examined for the petitioner:
PW1 : Sri Sandip Ramdas Kur hade PW2 : Mrs. Kaveri Sandip Kur hade PW3 : Mrs.Maya Mandal Number of witnesses examined for the respondent:
NIL List of documents marked for the petitioner: Ex.P1 : Notarised copy of Aadhaar card of the petitioner No.1 Ex.P2 : Notarised copy of Aadhaar card of petitioner No.2 Ex.P3 : Notarised copy of Marriage Certificate of petitioners No.1 and 2 Ex.P4 : Notarised copy of Medical Certificate issued by K.C.General Hospital, Malleshwaram, Bengaluru.
Ex.P5 : Notarised copy of Certificate issued by the Care Best Health Insurance Ex.P6 : Notarised copy of Bandhan Life Group Micro Insurance Plan Ex.P7 : Notarised copy of Affidavit executed by Surrogate mother/ Petitioner No.3 Ex.P8 : Notarised copy of Birth Certificate of her son 10 Crl.Misc.No.2506/2026 Ex.P9 : Notarised copy of Aadhaar Card of petitioner No.3 Ex.P10 : Notarised copy of Aadhaar Card of husband of petitioner No.3 Ex.P11& 12: Certificate of Medical and Psychological Fitness of Surrogate.
Ex.P13 : Form No.2 Consent of the Surrogate mother and Agreement of Surrogacy issued by Kiran Infertility Center, Bengaluru Pvt., Ltd., Bengaluru.
List of documents marked for the respondent:
NIL (Lathadevi G. A.) XXXIX ACJM, Bengaluru.11 Crl.Misc.No.2506/2026 12 Crl.Misc.No.2506/2026
05/12/2025 (Order pronounced in the open court vide separate order) ORDER The petition filed by the petitioners U/sec.4[iii][a][II] of the Surrogacy [Regulation]Act 2021 is hereby allowed. It is ordered that, the petitioners No.1 and 2 are the parents of the child to be born through surrogacy i.e., surrogacy mother (petitioner No.3) and they are entitled for the custody of the child as biological parents of the said child. This order shall be the proof of birth of a child through surrogacy.
No order as to costs.
XXXIX A.C.J.M, BENGALURU.13 Crl.Misc.No.2506/2026