Bangalore District Court
Chandrashekar N S vs Nil on 3 December, 2024
1 Crl.Misc.No.10084/2024
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE OF BENGALURU CITY
Dated this the 3rd day of December 2024
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
Cri.Misc.No.10084/2024
PETITIONER : 1. Mr.Chandrashekara.N.S.,
S/o Shivanna.M.,
Aged about 39 years.
2. Mrs. Priya.P.P.,
W/o Chandrashekara.N.S.,
Aged about 37 years.
Both are residing at No.3682,
20th Cross, Srikantamantapa Block,
R.P Road, Nanjangudu Town,
Mysore-571301.
3. Mrs. Bhagya.K,
W/o Vinod,
Aged about 33 years,
R/at No. Room No 673, 1st Cross,
Godavari Road, Mallathahalli,
Bengaluru -560056.
(By Smt.Tejaswini.S., Advocate)
V/s
RESPONDENT : Nil.
2 Crl.Misc.No.10084/2024
ORDERS This petitioners No.1 and 2 have filed by the petition under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021 seeking an order of parentage and custody in favour of petitioners No.1 and 2 with regard to the child to be born through surrogacy by the petitioner No.3 the surrogate mother.
2. To support the petition, the petitioner No.2 is examined as PW-1 and got marked Ex.P-1 to Ex.P-16 documents. The petitioner No.1 is examined as PW-2. The petitioner No.3 is examined as PW-3. Ex.P1 is the notarized copy of Aadhar card of petitioner No.2, Ex.P2 is notarized copy of Aadhar card of petitioner No.1, Ex.P3 is the notarized copy of Marriage Certificate, Ex.P4 is the notarized copy of Surrogacy Certificate of Medical Indication issued by District Medical Board, Ex.P5 is the notarized copy of Case summary of petitioner No.2, Ex.P6 to Ex.P8 are the notarized copies of Aadhar Card of the petitioner No.3, her husband and her son respectively, Ex.P9 is the notarized copy of School Study 3 Crl.Misc.No.10084/2024 Certificate of the son of the petitioner No.3, Ex.P10 and Ex.P11 are the notarized copies of medical documents of the petitioner No.3, Ex.P12 is the notarized copy of Form No.19 of Petitioner No.3, Ex.P13 is the notarized copy of Form No.2 Consent of Surrogate mother, Ex.P14 and Ex.P15 are the notarized copies of Insurance Policies and Ex.P16 is the notarized copy of Certificate of Surrogacy.
3. At this juncture this court would like to quote the provision contemplated under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021;
"An order concerning the parentage and custody of the child to be born through surrogacy, has been passed by a court of the Magistrate of the first class or above on an application made by the intending couple or the intending woman and the surrogate mother, which shall be the birth affidavit after the surrogate child is born".
4. In the application, the petitioners No.1 and 2 have stated that they have been married on 31.05.2015, but they have not been able to bear a child due to certain medical 4 Crl.Misc.No.10084/2024 conditions of the intending mother and that they do not have biological child, neither they have adopted child nor child through surrogacy and the surrogate mother/petitioner No.3 has accepted the request of the intending couple out of her volition and of her own free will without any coercion, threat and she agreed to became a surrogate mother for the intending couple i.e, petitioner No.1 and 2 and there is no commercial surrogacy. The petitioner No.3 also undergone medical screening and got the physical fitness for being a surrogate mother. The intending couple have obtained insurance policies as per Ex.P14 and Ex.P15 in the name of surrogate mother and also assured the surrogate mother that the petitioner No.1 and 2 shall bear the medical expenses and such other prescribed expenses on behalf of surrogate mother.
5. The petitioner No.1 and 2 have also obtain Ex.P14 Certificate of Surrogacy Registration from Milann - A Unit of BACC Healthcare Pvt Ltd, No.1109, 24 th Main Road, TMC Layout, 1st Phase, J.P.Nagar, Bengaluru-560078 and the 5 Crl.Misc.No.10084/2024 petitioner No.3 has agreed and given consent to be the surrogate mother. Considering the evidences of the petitioners and the documents produced by the petitioners, the petitioners have complied with the legal requirements enumerated under Sections 4 and 6 of the Surrogacy (Regulation) Act, 2021 and they have undertaken for compliance of Section 7 of the Surrogacy (Regulation) Act, 2021. The petitioners have made out sufficient grounds to allow the petition. Keeping in view of the above legal compliance and eligibility, it appears that there are no legal impediments to grant the relief to the petitioners as prayed in the petition. In view of the above findings, I proceed to pass the following:-
ORDERS The Petition filed by the petitioner under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021 is hereby allowed.
It is hereby ordered that petitioners No.1 and 2 are the parents and they are entitled for the custody of the child/children to be born through surrogacy procedure from the 6 Crl.Misc.No.10084/2024 petitioner No.3/Surrogate Mother and it shall be the Birth Affidavit for the Surrogate Child/Children that may be born.
It is further ordered that the Surrogate Mother i.e., the petitioner No.3 has relinquished all her rights over her child/children to be born through the Altruistic Surrogacy procedure and the petitioner No.1 and 2 shall abide by the provision of Section 7 of Surrogacy (Regulation) Act, 2021.
No order as to cost.
(Typed by Stenographer in the Court computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on this the 3rd day of December 2024.) (SAHEEL AHMED S. KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.
ANNEXURE List of witnesses examined on behalf of the Petitioner :
PW1 : Mr.Chandrashekara.N.S.,
PW2 : Mrs. Priya.P.P.,
PW3 : Mrs. Bhagya.K.
7 Crl.Misc.No.10084/2024
List of documents marked on behalf of the Petitioner :
Ex.P1 : Notarized copy of Aadhar Card of PW2, Ex.P2 : Notarized copy of Aadhar Card of PW1, Ex.P3 : Notarized copy of Marriage Certificate, Ex.P4 : Notarized copy of District Board Certificate, Ex.P5 : Notarized Certificate of Case summary, Ex.P6 to 8: Notarized Aadhar Cards, Ex.P9 : Notarized School Study Certificate, Ex.P10 & 11: Notarized medical documents, Ex.P12 : Notarized copies of Form No.19, Ex.P13 : Notarized copies of Form No.2, Ex.P14 & 15: Notarized copies of Insurance Policies, Ex.P16 : Surrogacy Certificate.
List of witnesses examined on behalf of the Respondent :
- NIL-
List of documents marked on behalf of the Respondent :
- NIL -
(SAHEEL AHMED S. KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.