Madras High Court
V.Dhayanidhi vs Union Of India on 28 April, 2026
Author: G. Jayachandran
Bench: G. Jayachandran
W.P.No.27852 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.27852 of 2025
V.Dhayanidhi
S/o. S. Manjula
GA1, Vacha Manere
11/27, 1st Main Road
Kasthuribai Nagar, Adyar
Chennai-600 020.
Petitioner(s)
Vs
1. Union of India
Rep. by the Secretary
Ministry of Health and Family Welfare
Government of India
New Delhi.
2. National Assisted Reproductive Technology
and Surrogacy Board
Rep. by its Chairperson
Ministry of Health and Family Welfare
Government of India
New Delhi.
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W.P.No.27852 of 2025
3. National Assisted Reproductive Technology
and Surrogacy Registry
Rep. by its Chairperson
Ministry of Health and Family Welfare
Government of India, New Delhi.
(R3 impleaded vide order dated
01.09.2025 in WMP No.36479/2025 )
Respondent(s)
Prayer : Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus di recting the Respondents to disclose
and publish aggregated national data on children born through
Surrogacy and Assisted Reproductive Technology (ART) as mandated
under the Surrogacy (Regulation) Act, 2021 and the Assisted
Reproductive Technology (Regulation) Act, 2021.
For Petitioner(s): Mr. Prakash Goklaney
For Respondent(s): Mr. AR.L.Sundaresan
Additional Solicitor General of India
Assisted by
Mr. R.Rajesh Vivekananthan
Deputy Solicitor General of India
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This petition, styled as public interest litigation, has been filed under Article 226 of the Constitution of India seeking direction to respondents to disclose and publish aggregated national data on children born through Surrogacy and Assisted Reproductive Technology (ART) as mandated under the Surrogacy (Regulation) Act, 2021 and __________ Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2025 the Assisted Reproductive Technology (Regulation) Act, 2021.
2. Respondents have filed counter affidavit, wherein, in paragraphs 10 and 11, it is stated as under:
“10. I submit that the National Registry is presently operational only for the purpose of registration by ART clinics, ART Banks and Surrogacy clinics:
i. For the purpose of registration an application form has been devised on the National Registry portal and all clinics / banks can access the portal and use the application form for applying for registration under the Acts to the concerned State/UT Authorities. The downloaded filled in PDF form, duly signed along with registration fee, is required to be submitted to the State/UT Health Deptt. for the purpose of registration. ii. All the State/UTs have been provided with the login Id to access the National Registry Portal. iii. Facility for uploading of the registration certificates/ rejection order directly on the National Registry Portal has been provided to all States/UTs. iv. Currently the data only in respect of registration of clinics/ banks is available on the National Registry Portal such as:
(a) number of clinics/banks that have applied for registration on the National Registry Portal.
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(b) number of registered clinics/banks.
(c) number of applications of clinics/banks rejected for registration.
v. The list of registered Clinics/Banks and applications rejected for registration is also available in public domain on the National Registry Portal and can be accessed on the following link https://registry/artsurrogacy.gov.in/ vi. At present the data/information regarding nature, type and outcome of the services rendered by individuals clinics/banks is not available with the Department. The collection of data from clinics/banks as mandated u/s 11(a) of the ART Act, 2021 is under process. The templates for obtaining patient information from clinics/banks online by the National registry have been devised as mandated under Section 21(j) & 23(b) of ART Act. The security audit of the online interface of National Registry has been completed and is likely to be operational by the end of this month.
11. I submit that the National Registry is thus in the process of integrating data from the registered clinics/banks across States/UTs. In view of the magnitude of the task, the operationalisation of National Registry for collection and collation of patient data at national-level is yet to be achieved.” __________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2025
3. Now, respondents have produced a letter dated 17.04.2026 stating that a module for collecting patient/donor data has been deployed on the National Registry Portal with effect from 25.03.2026.
4. In view of the fact that already the portal has been deployed and respondents undertake to maintain the records as required under Section 11 of the Act in due course, nothing survives for adjudication in the writ petition.
5. Petition is disposed of. There shall be no order as to costs.
Petitioner would be at liberty to approach this Court as and when occasion arises.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
28.04.2026
Index : Yes/No
Neutral Citation : Yes/No
kpl
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1. Union of India Rep. by the Secretary Ministry of Health and Family Welfare Government of India New Delhi.
2. National Assisted Reproductive Technology and Surrogacy Board Rep. by its Chairperson Ministry of Health and Family Welfare Government of India New Delhi.
3. National Assisted Reproductive Technology and Surrogacy Registry Rep. by its Chairperson Ministry of Health and Family Welfare Government of India, New Delhi.
__________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27852 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) W.P.No.27852 of 2025 28.04.2026 __________ Page 7 of 7 https://www.mhc.tn.gov.in/judis