Bangalore District Court
Kritika Verma vs Goura on 18 July, 2025
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Crl.Misc.4832/2025
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:4832/2025
Dated This The 18TH Day of July, 2025
BETWEEN :
Petitioner/s : 1. Mrs. Kritika Verma,
W/o Arvind Kumar,
Aged about 36 years,
2. Mr. Arvind Kumar,
C/o Ganesh Kumar Singh,
Aged about 39 years,
Both are permanent resident of
Flat No.G-104, Malti Residency,
Murtitand, Chikasia,
Bokaro District,
Jharkhand-827 013.
And
3. Mrs. Goura,
W/o Ganga Prasad Pal,
Aged about 32 years,
R/at MN-15, Gram Junapani,
(Veerpur Kundaleshwar),
Rathagarh - Post, Khandwa,
Madhya Pradesh - 450 001.
[Rep. By Sri. Vivek K. G. Advocate]
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
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Crl.Misc.4832/2025
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 08.12.2016. The petitioner No.3 is the surrogate
mother, married to Mr. Ganga Prasad Pal, she has given birth
to a children's aged about 11 years and 08 years and she is
presently residing at Madhya Pradesh. 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 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
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Crl.Misc.4832/2025
U/Sec.4(iii)(a)(III) for Rs.5,00,000/- as mutually agreed
between the parties. The entire surrogacy procedure being
done at ICCHAA, No.18, M.P. Krishna Mansion, Guava Garden,
5th Block, Koramangala, Bangalore. 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 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
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Crl.Misc.4832/2025
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.
4. In order to prove the petitioners case, the petitioners
No.1 to 3 got examined as PW.1 to PW.3 and got marked Ex.P.1
to Ex.P.14 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?
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Crl.Misc.4832/2025
2. What order?
7. My answer to the point no.1 in the affirmative and
Point No.2 as per the final order, for the following :
REASONS
8. 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.
9. The petitioner No.1 and 2 to evident that, they are wife and
husband as per Sec.4 (ii) (a) have produced Ex.P.3 marriage
registered certificate and their adhar cards to prove their
identity as per Ex.P.1 and Ex.P.2. 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.P.5 which
is issued by the District Medical Board. Ex.P.4 is the notairzed
copy of certificate issued by the ICCHAA Fertility Solutions and
Diagnostics. As per Sec.2(b) health insurance policies in favour
of petitioner No.3 is obtained in the name of the surrogate
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mother or her dependents or her representatives as per Ex.P.7.
Ex.P.6 is the consent of the surrogate mother and agreement
for surrogacy. Ex.P.8 and Ex.P.9 are the certification of
registration of ICCHAA Fertility Solutions and Diagnostics
issued by the Commissionerate, State Appropriate Authority.
Ex.P.10 and Ex.P.11 are the adhar cards of petitioner No.3 and
her husband. Ex.P.12 and Ex.P.13 are the birth certificates of
petitioner No.3's children. Ex.P.14 is the medical certificate
issued by the Apollo Clinic. As per Sec.4(V) (c) (I) the petitioners
No.1 and 2 to prove their age have produced adhar cards
Ex.P.1 and Ex.P.2 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 36
years and petitioner No.2 is aged about 39 years as per their
adhar 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
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which has been marked at Ex.P.6. 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
documents, petitions No.1 and 2 who are intending to obtain a
child through surrogate mother have made out grounds to
obtain a child through surrogate mother. Hence, point no.1 is
answered in the Affirmative.
10. 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 online to the computer, typed by her, corrected and then pronounced by me in the open Court on this 18 th of July 2025).
(Lathadevi G. A.) XXXIX ACJM, Bengaluru.
8Crl.Misc.4832/2025 ANNEXURE Number of witnesses examined for the petitioner:
Pw1 : Smt. Kritika Verma Pw2 : Sri. Arvind Kumar Pw3 : Smt. Goura
Number of witnesses examined for the respondent:
NIL List of documents marked for the petitioner:
Ex.P.1 : Adhar card of the petitioner No.1, Ex.P.2 : Adhar card of petitioner No.2, Ex.P.3 : Marriage certificate of petitioners No.1 and 2, Ex.P.4 : Certificate issued by ICCHAA Fertility Solutions and Diagnostics Ex.P.5 : Surrogacy certificate for medical indication Ex.P.6 : Consent of the surrogate mother and agreement for surrogacy Ex.P.7 : Health insurance policy in favour of petitioner No.3.
Ex.P.8 & 9 : Certificate of Registrations Ex.P.10 & 11 : Adhar cards of petitioner No.3 and her husband Ex.P.12 & 13: Adhar cards of children of petitioner No.3 Ex.P.14 : Medical Certificate issued by the Apollo Clinic List of documents marked for the respondent:
NIL (Lathadevi G. A.) XXXIX ACJM, Bengaluru.