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3. The petitioners (intending couple) seek a mandamus directing R2 and R3, being the Director and Joint Director of Health Service, Directorate of Medical and Rural Health Service, to consider application dated 10.07.2023 and issue certificate of Eligibility and Certificate of Essentiality/Certificate of Medical Indication under the provisions of the Surrogacy (Regulation) Act, 2021 (in short 'Act'.).

4. Mr.Tippu Sultan circulates a copy of order dated 29.01.2024 passed in a batch of Writ Petitions, being W.P.Nos.1410 of 2024 etc., https://www.mhc.tn.gov.in/judis wherein, I had an occasion to consider the case of identically placed intending couples. The order passed in that matter is as follows:

'2. These writ petitions have been filed by 11 couples seeking a mandamus directing the second respondent, being the Director, Directorate of Medical and Rural Health Services and the third respondent being the Joint Director of Health Service / District Medical Board to consider their representations under Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 ('Act') and issue eligibility certificates to them to undergo the procedure of surrogacy utilizing the second petitioner's sperm and a donor egg from the proposed surrogate mother.
"G.S.R.179(E).- In exercise of the powers conferred by section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), the Central Government hereby makes the following rules, further to amend the Surrogacy (Regulation) Rules, 2022.
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It is needless to observe that if the petitioner Mrs. ABC otherwise fulfils all other conditions mentioned under the Act, she is entitled to proceed with the process of surrogacy.” https://www.mhc.tn.gov.in/judis

8. Following the above order, several other interlocutory applications have been allowed on 05.12.2023 and 09.01.2024 wherein the amendment, i.e., Paragraph 1(d) (i) in Form ‘2’, which is the consent of the surrogate mother and agreement for surrogacy read with Rule 7 of the Surrogacy (Regulation) Act, 2021 under the surrogacy Act has been stayed. The applicant is thus entitled to proceed with the process of surrogacy if she fulfills all other statutory conditions.