Madras High Court
P.Subbiah vs The State Represented By on 23 July, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.30008 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.30008 of 2023
1.P.Subbiah
2.Lalitha ... Petitioners
Vs.
1.The State represented by
The Assistant Reproductive Technology
and Surrogacy Authority,
Health and Family Welfare Department,
Secretariat,
St.George Fort,
Chennai – 600 009.
2.The Joint Director of Health Service,
Authority under Assisted Reproductive
Technology (Regulation) Act, 2021 and
Surrogacy (Regulation) Act, 2021,
Tenkasi District,
Tenkasi.
3.The District Medical Board,
Constituted under Assisted Reproductive
Technology (Regulation) Act, 2021 and
Surrogacy (Regulation) Act, 2021,
Tenkasi District,
Tenkasi. ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.30008 of 2023
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to issue
eligibility certificate for the petitioners being the intending couples to
undergo the surrogacy procedure with the Maruthi Medical Centre and
Hospitals, Erode constituted under Assisted Reproductive Technology
(Regulation) Act, 2021 and surrogacy (Regulation) Act, 2021 on the
basis of the representation of petitioner dated 10.11.2023.
For Petitioners : Mr.R.J.Karthick
For Respondents : Mr.D.Sasi Kumar
Additional Government Pleader
ORDER
Heard both sides.
2.The first petitioner is aged about 66 years. He aspires to become a father. The second petitioner is his wife. Both have submitted an application dated 10.11.2023 for begetting a child through surrogacy.
The second respondent has to issue eligibility certificate.
3.Without going into the merits of the matter, I direct the second respondent to consider the petitioner's application and pass an appropriate order on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis 2/4 W.P(MD)No.30008 of 2023
4.This writ petition is disposed of accordingly. There shall be no order as to costs.
23.07.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MGA
Note: Issue order copy on 26.07.2024.
To
1.The Assistant Reproductive Technology and Surrogacy Authority, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai – 600 009.
2.The Joint Director of Health Service, Authority under Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021, Tenkasi District, Tenkasi.
3.The District Medical Board, Constituted under Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021, Tenkasi District, Tenkasi.
https://www.mhc.tn.gov.in/judis 3/4 W.P(MD)No.30008 of 2023 G.R.SWAMINATHAN,J.
MGA W.P(MD)No.30008 of 2023 23.07.2024 https://www.mhc.tn.gov.in/judis 4/4