Madras High Court
Ranjani Babu vs State Of Tamil Nadu on 21 November, 2023
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.Nos.32522, 32525, 32526 & 32529 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos. 32522, 32525, 32526 & 32529 of 2023
W.P.No.32522 of 2023
Ranjani Babu .. Petitioner
vs
1.State of Tamil Nadu
Rep. by its
Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
2.The Director,
Directorate of Medical and Rural Health Service
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3.The Joint Director of Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006. .. Respondents
W.P.No. 32525 of 2023
1.D.Prathima
2.K.Ravindra .. Petitioners
vs
1.State of Tamil Nadu
Rep. by its
Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.32522, 32525, 32526 & 32529 of 2023
2.The Director,
Directorate of Medical and Rural Health Service
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3.The Joint Director of Health Service/District Medical Board,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006. .. Respondents
W.P.No.32526 of 2023
1.Smruthi Sridhar
2.V.Kannan .. Petitioners
vs
1.State of Tamil Nadu
Rep. by its
Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
2.The Director,
Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3.The Joint Director of Health Service/District Medical Board,
O/o. Joint Director of Health Service,
Tiruvallur District. .. Respondents
W.P.No.32529 of 2023
1.Subbulakshmi
2.S.Seenivasan .. Petitioners
vs
1.State of Tamil Nadu
Rep. by its
Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.32522, 32525, 32526 & 32529 of 2023
2.The Director,
Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3.The Joint Director of Health Service/District Medical Board,
Office : 166, North Beach Road,
Fisheries Campus, Thoothukudi - 628 001. .. Respondents
Prayer in WP No. 32522 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue a writ of mandamus
directing the 2nd and 3rd respondent to issue eligibility certificate
for the petitioner being the intending couples to undergo the
surrogacy procedure with the 2nd and 3rd respondent constituted
under Assisted Reproductive Technology (Regulation), Act, 2021
and Surrogacy (Regulation) Act, 2021 on the basis of the
petitioner's application dated 08.09.2023
Prayer in WP No. 32525 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue a writ of mandamus
directing the 2nd and 3rd respondent to issue eligibility certificate
for the petitioners being the intending couples to undergo the
surrogacy procedure with the 2nd and 3rd respondent constituted
under Assisted Reproductive Technology (Regulation), Act, 2021
and Surrogacy (Regulation) Act, 2021 on the basis of the
petitioner's application dated 26.09.2023.
Prayer in WP No. 32526 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue a writ of mandamus
directing the 2nd and 3rd respondent to issue eligibility certificate
for the petitioners being the intending couples to undergo the
surrogacy procedure with the 2nd and 3rd respondent constituted
under Assisted Reproductive Technology (Regulation), Act, 2021
and Surrogacy (Regulation) Act, 2021 on the basis of the
petitioner's application dated 27.09.2023.
Prayer in WP No. 32529 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue a writ of mandamus
directing the 2nd and 3rd respondent to issue eligibility certificate
for the petitioners being the intending couples to undergo the
surrogacy procedure with the 2nd and 3rd respondent constituted
under Assisted Reproductive Technology (Regulation), Act, 2021
and Surrogacy (Regulation) Act, 2021 on the basis of the
petitioner's application dated 20.09.2023.
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W.P.Nos.32522, 32525, 32526 & 32529 of 2023
For Petitioner : Ms.Reshmi Christy
(in all writ petitions)
For Respondents : Mr.P.Ananthakumar
Government Advocate
(in all writ petitions)
COMMON ORDER
The petitioners in this batch of writ petitions seek a mandamus to R2 and R3 being, Director, Directorate of Medical and Rural Health Services / R2 and Joint Director of Health Services / R3 to issue eligibility certificates to them as intending couples to undergo procedure for surrogacy under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Rules, 2022.
2. The petitioners have made representations before R2 and R3 seeking permission to avail surrogacy for various medical reasons. The dates on which the representations have been filed are 08.09.2023 in W.P.No.32522 of 2023, 26.09.2023 in W.P.No.32525 of 2023, 27.09.2023 in W.P.No.32526 of 2023 & 20.09.2023 in W.P.No.32529 of 2023.
3. Mr.Anandakumar, who appears for the respondents states that respondents cannot act on mere representations/applications filed by the petitioners. They would https://www.mhc.tn.gov.in/judis 4/8 W.P.Nos.32522, 32525, 32526 & 32529 of 2023 have to file a proper application as set out under the Act and the allied Rules and Regulations. He assures the Court that upon receipt of petitioner's applications in proper form, the same would be considered.
4. Having heard learned counsel for the petitioner as well as respondents, this Court notices that this litigation is not adversarial but only intended to facilitate the process of surrogacy that is provided for under the applicable statutes.
5. Section 4 of the Act provides for regulation of surrogacy and connected procedures. An intending couple, i.e, couple intending to avail the benefit of a surrogate parent has to obtain a certificate of medical indication in favour of either or both members of the couple or intending women necessitating gestational surrogacy.
6. This certificate has to be obtained from the District Medical Board (DMO), defined under Explanation to Section 4(iii)(a) to mean 'Medical Officer under the Chairpersonship of Chief Medical Officer or Chief Civil Surgeon or Joint Director of Health Services of the district and comprising of atleast two other specialists, namely, the Chief Gynaecologist or obstetrician and chief paediatrician of the District'.
7. The DMO has been constituted and convenes every https://www.mhc.tn.gov.in/judis 5/8 W.P.Nos.32522, 32525, 32526 & 32529 of 2023 Thursday in the office of the Joint Director, No.359, 3rd Floor, Directorate of Medical Rural Health Services, DMS Campus, Teynampet, Chennai - 600 006.
8. The application for couple of Indian origin/ intending woman for availing surrogacy is to be filed in terms of Rule 4 of the Surrogacy (Regulations) Rules, 2022 in Form 1. The Forms are available online and are to be accompanied by relevant documents that have been stipulated in the Rules / Forms.
9. The petitioners are thus required to prepare necessary applications and may appear before the District Medical Board either on 23.11.2023 or on 30.11.2023. Upon their presenting themselves with applications, complete in all respects including annexures, the Board will consider their requests and pass necessary orders, in accordance with law.
10. These writ petitions stand disposed in terms of this common order. No costs.
21.11.2023 Index:Yes/No Neutral Citation:Yes ssm https://www.mhc.tn.gov.in/judis 6/8 W.P.Nos.32522, 32525, 32526 & 32529 of 2023 To
1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.
2.The Director, Directorate of Medical and Rural Health Service No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.
3.The Joint Director of Health Service, No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.
4.The Joint Director of Health Service/District Medical Board, O/o. Joint Director of Health Service, Tiruvallur District.
5.The Joint Director of Health Service/District Medical Board, Office : 166, North Beach Road, Fisheries Campus, Thoothukudi - 628 001. https://www.mhc.tn.gov.in/judis 7/8 W.P.Nos.32522, 32525, 32526 & 32529 of 2023 DR. ANITA SUMANTH,J.
ssm W.P.Nos. 32522, 32525, 32526 & 32529 of 2023 21.11.2023 https://www.mhc.tn.gov.in/judis 8/8