Bangalore District Court
Atmakuru Phaneendra vs Babli Thakur on 19 September, 2025
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Crl.Misc.6868/2025
IN THE COURT OF XXXIX ADDL.C.J.M., BENGALURU
PRESENT : Smt. Lathadevi G. A. B.A.L., L.L.B., L.L.M.,
39th A.C.J.M., Bengaluru.
Crl.Misc. No:6868/2025
Dated This The 19TH Day of September, 2025
BETWEEN :
Petitioner/s : 1. Mr. Atmakuru Phaneendra
S/o Atmakuru Venkata Seshagiri,
Aged about 36 years,
2. Mrs. Biradawada Divyamadhuri,
W/o. Atmakuru Phaneendra
Aged about 35 years,
Both are permanent resident of
No.26-12-51, Kalyani Nagar,
GVRR JR College, BV Nagar,
Nellore, Andhra Pradesh-524004.
And
3. Mrs.Babli Thakur
W/o Amit Thakur,
Aged about 31 years,
R/a No.B-366, Sangam Vihar
Loni Dehat, Ghaziabad,
Uttar Pradesh-201102.
[Rep. By Sri. Abhiraj B. Chengti
Advocate]
Respondent/s : NIL
ORDERS
The petitioners have filed this petition U/s. 4[iii][a][II] of
the Surrogacy [Regulation] Act 2021 seeking an order of
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Crl.Misc.6868/2025
parentage and custody of the child to be born to them through
surrogacy.
2. Brief facts of petitioners case is that, the petitioners
No.1 and 2 are legally wedded couples having solemnized their
marriage on 21.05.2014. The petitioner No.2 could not beget
any child due to certain medical condition. The petitioner No.3
is the surrogate mother, married to Mr. Amit Thakur, she has
given birth to a children aged about 8 years and one year and
she is presently residing at Uttar Pradesh. The petitioner No.1
and 2 have complied with the conditions as required under the
Surrogacy (Regulations) Act, 2021. The District Medical Board,
Govt. of Karnataka has examined the medical reports of the
intending couple and issued medical indication certificate in
favour of petitioner No.1 and 2 to under go IVF with altruistic
surrogacy procedure after having been satisfied, that the
intending couple have complied with the provisions of Rules
14(c) and 14(d) of Surrogacy (Regulations) Rules. The intending
couple and surrogate mother are known to each other and
there is no commercial transaction between them. The
intending couple are ready to bear the medical expenses and
such other prescribed expenses to be incurred on surrogate
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Crl.Misc.6868/2025
mother. The intending couple have already insured the
surrogate mother for 36 months (3 terms) as required
U/Sec.4(iii)(a)(III) for Rs.5,00,000/- as mutually agreed
between the parties. The entire surrogacy procedure being
done at Kiran Infertility Center, Bangalore Pvt., Ltd., No.8, 80 ft
Road, 4th Block, Koramanagala, Bangalore- 560034. The said
hospital/center has issued certificate to that effect along with
medical and physical fitness certificate of petitioner No.3 i.e.,
Surrogate Mother. As per the Sec.4 (iii) and (a) of the Surrogacy
(Regulations) Act, 2021 the appropriate authority shall issue
essentially certificate only after obtaining an order concerning
parentage and custody of child to be born through surrogacy
from the court of magistrate of first class and above on the
application made by the intending couple and surrogate
mother. Petitioner No.1 and 2 will be the biological parents of
the child to be born through petitioner No.3 under the
surrogacy procedure to be performed. There is no commercial
agreement between intending couple and surrogate mother.
The surrogate mother has consented to conceive the child for
the intending couple with free will and consent, there is no
coercion, undue influence or force exercised on the petitioner
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Crl.Misc.6868/2025
No.3 surrogate mother. That surrogate mother i.e., petitioner
No.3 has not acted as surrogate mother earlier and she has not
donated her own eggs/gametes for the surrogacy procedure to
be performed. Petitioners understood that the child to be born
through surrogate mother will be the natural child of petitioner
No.1 and 2 and this will create parent child relationship with
them. Petitioner No.1 and 2 shall be entitled to the custody of
child to be born upon its birth. The intending couple are taking
treatment within the jurisdiction of this court. The child to be
born from the womb of petitioner No.3 shall be lawful child.
Hence prays to allow the petition.
3. The petitioner No.3 appeared party in person and
submitted that, she has consented to stand as a surrogacy
mother.
4. In order to prove the petitioners case, the petitioners
No.1 to 3 got examined as PW.1 to PW.3 and got marked Ex.P.1
to Ex.P.13 documents.
5. Heard the argument and perused the materials
available on record.
6. On the basis of the petition averments, the following
points arises for my consideration:
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1. Whether the petitioners have made out
the grounds to pass an order regarding
parentage and custody of the child to be
born through surrogacy?
2. What order?
7. My answer to the point no.1 in the affirmative and
Point No.2 as per the final order, for the following :
REASONS
8. The petitioners have approached this court seeking for
an order to obtain a child through altruistic surrogacy through
petitioner No.3 (surrogacy mother) and custody of the child as
natural parents. Further have also sought an order that, the
surrogacy mother has to relinquish all her rights with respect
to the child born through altruistic surrogacy.
9. The petitioner No.1 and 2 to evident that, they are husband
and wife as per Sec.4 (ii) (a) have produced Ex.P.3 marriage
registered certificate and their Aadhar cards to prove their
identity as per Ex.P.1 and Ex.P.2. In the present case as per
Sec. 4(I) (iii) (a) (I), the petitioners No.1 and 2 are the intending
to obtain a child through petitioner No.3 have furnished
surrogacy certificate for medical indication as per Ex.P.4 which
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Crl.Misc.6868/2025
is issued by the District Medical Board. Ex.P.5 is the notairzed
copy of certificate issued by the Kiran Infertility Center. As per
Sec.2(b) health insurance policies in favour of petitioner No.3 is
obtained in the name of the surrogate mother or her
dependents or her representatives as per Ex.P.6. Ex.P.7 is the
affidavit of husband of petitioner No.3 by stating that, he has
no objection to his wife by name Mrs. Babli Thakur acting as
surrogate mother to intended parents i.e., petitioner No.1 and
2. Ex.P.8 is the Aadhar card of petitioner No.3. Ex.P.9 is the
Aadhar card of child of petitioner No.3. Ex.P.10 is the Aadhar
card of husband of petitioner No.3. As per Sec.4(III)(b)(i) the
petitioner No.3 is a married women born in the year 1994 and
aged about 31 years as per Ex.P.8. As per Sec.4(IV) the
petitioners No.1 and 2 have produced Ex.P.11 and 12 to prove
the medical and psychological fitness for surrogacy procedure
from the registered practitioner. As per Sec.4(V) (c) (I) the
petitioners No.1 and 2 to prove their age have produced Aadhar
cards Ex.P.1 and Ex.P.2 which reveals that, the petitioners are
within the permissible age limit, wherein female should be
within the age limit of 25 to 50 years and male should be
within the age limit of 26 to 55 years wherein petitioner No.1 is
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Crl.Misc.6868/2025
aged about 36 years and petitioner No.2 is aged about 35 years
as per their Aadhar cards. In the present case they are within
the permissible age limits. As per Sec.4(V)(II)the intending
couple don't have any surviving child biologically, through
adoption or through surrogacy earlier. As per Sec.6(1)
Surrogacy procedure (i) has been explained all known side
effects and after effects of procedure to the surrogate mother
and as per Sec.6(1) (ii) written consent has been obtained from
the petitioners No.3 which has been marked at Ex.P.13. As per
the above discussion and documents, intending surrogate
mother has consented to give birth to a child by way of
surrogacy. In view of the above documents, petitions No.1 and
2 who are intending to obtain a child through surrogate mother
have made out grounds to obtain a child through surrogate
mother. Hence, point no.1 is answered in the Affirmative.
10. Point No.2 : For the reasons discussed above, I
proceed to pass the following :
ORDER
The petition filed by the petitioners U/sec.4[iii][a][II] of the Surrogacy [Regulation]Act 2021 is hereby allowed. It 12 Crl.Misc.6868/2025 is ordered that, the petitioners No.1 and 2 are the parents of the child to be born through surrogacy i.e., surrogacy mother (petitioner No.3) and they are entitled for the custody of the child as biological parents of the said child. This order shall be the proof of birth of a child through surrogacy.
No order as to costs.
(Dictated to the Stenographer online to the computer, typed by her, corrected and then pronounced by me in the open Court on this 19th of September 2025).
(Lathadevi G. A.) XXXIX ACJM, Bengaluru.
ANNEXURE Number of witnesses examined for the petitioner:
Pw1 : Sri. Atmakuru Phaneendra Pw2 : Smt. Biradawda Divyamadhuri Pw3 : Smt. Babli Thakur Number of witnesses examined for the respondent:
NIL List of documents marked for the petitioner: Ex.P.1 : Aadhar card of the petitioner No.1, Ex.P.2 : Adhar card of petitioner No.2, Ex.P.3 : Marriage certificate of petitioners No.1 and 2, 12 Crl.Misc.6868/2025 Ex.P.4 : Surrogacy certificate for medical indication issued by the District Medical Board, Ex.P.5 : Certificate issued by Kiran Infertility Center Bangalore Pvt. Ltd., Ex.P.6 : Health insurance policy in favour of petitioner No.3.
Ex.P.7 : Affidavit filed by the husband of the petitioner No.3 Ex.P.8 to 10 : Adhar cards of petitioner No.3's, husband and a child Ex.P11 : Certificate of Medical & Physical Fitness of Surrogate Mother Ex.P.12 : Certificate of Medical & Psychological Fitness of Surrogate Mother.
Ex.P.13 : Consent of surrogate mother and agreement of surrogacy.
List of documents marked for the respondent:
NIL (Lathadevi G. A.) XXXIX ACJM, Bengaluru.