Madras High Court
Rajarajeswari vs State Of Tamil Nadu on 5 July, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.19697 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM : JUSTICE N.SESHASAYEE
W.P.No.19697 of 2023
1.Rajarajeswari
2.Kalaiarasan .. Petitioners
Vs
1.State of Tamil Nadu
Rep by its
Principal Secretary to Government
Health and Family Welfare Department
Secretariat, Chennai.
2.The Director
The Directorate of Medical and Rural Health Services
No.359, DMS Complex, 361, Anna Salai
Chennai - 600 006.
3.The Joint Director of Health Service /
District Medical Board
Chengalpattu District. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents to
issue eligibility certificate for the petitioners being the intending couples to
undergo the surrogacy procedure with the 2nd and 3rd respondent constituted
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W.P.No.19697 of 2023
under Assisted Reproductive Technology (Regulation) Act, 2021 and
Surrogacy (Regulation) Act, 2021 on the basis of the petitioner's application
dated 18.05.2023.
For Petitioners : Ms.Reshmi Christy
For Respondents : Mr.C.Kathiravan
Special Government Pleader
ORDER
The petitioners herein are spouses, and they could not have a biological child in the ordinary course of their life. Their case is that after exhausting all possible avenues to have their child, they have resigned to the fact that they are left without an option, but to opt for surrogacy.
2. Having opted for surrogacy to have a surrogate child by utilising the egg of the proposed surrogate mother and the sperm of the second petitioner (the husband of the first petitioner), an application was made to the Board constituted under the Surrogacy (Regulation) Act, 2021, which according to the petitioners, was made in the format provided for the said purpose in the Surrogacy (Regulation) Rules, 2022.
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3. Mr.C.Kathiravan, learned Special Government Pleader takes notice for the respondents, and makes a statement that the Board has been constituted recently, and the Board sits every week to take up each such applications pending for consideration, without default. The said statement of the learned Special Government Pleader is recorded.
4. Heard both sides. This Court now requires the respondents 2 and 3 to ensure that the application dated 18.05.2023 filed by the petitioners is placed before the Board promptly, and the whole exercise is directed to be completed within a period of six weeks from today.
5. With the above direction, the writ petition is disposed of. No costs.
05.07.2023 (4/4) Index : Yes / No Speaking Order / Non-speaking Order ds Note : Issue order copy on 06.07.2023 3/4 https://www.mhc.tn.gov.in/judis W.P.No.19697 of 2023 N.SESHASAYEE.J., ds To:
1.The Principal Secretary to Government Health and Family Welfare Department Secretariat, Chennai.
2.The Director The Directorate of Medical and Rural Health Services No.359, DMS Complex, 361, Anna Salai Chennai - 600 006.
3.The Joint Director of Health Service / District Medical Board Chengalpattu District.W.P.No.19697 of 2023
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