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Challenging the order passed by the learned Judicial Magistrate, Uthamapalayam, in Cr.M.P.No.124 of 2025 dated 08.07.2025, this Criminal Revision Petition is filed.

Case Background:-

2.The petitioners filed a joint petition under Sections 4(iii)(a)(II) and https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 05:43:30 pm ) 4(iii)(a)(III) of the Surrogacy (Regulation) Act, 2021, seeking permission of the learned Trial Court to recognize petitioners 1 and 2 as intended parents and to grant custody of the child to be born through surrogacy, with the third petitioner acting as the surrogate mother. They also produced an affidavit regarding insurance coverage and placed on record all documents mandated under the Act for due consideration. However, while recording the sworn statement of the third petitioner, who is the proposed surrogate mother, the learned Trial Court noted that she failed to correctly depose her date of marriage. This led the learned Trial Court to question her bonafides. The learned Trial Court reasoned that in surrogacy proceedings, the willingness and background of the surrogate mother must inspire full confidence, and any ambiguity, even inadvertent, could cast doubt. On this basis, the application was dismissed. Aggrieved by the said order, the present Revision Case has been filed.

7.In the present case, the learned Trial Court erred in dismissing the petition solely because of the surrogate mother’s nervousness in recalling the date of her marriage. Such a technical lapse cannot outweigh the overwhelming compliance with the statutory requirements under the Act.

The petitioners had already furnished all necessary documents, including the marriage certificate, the death certificate of the surrogate mother’s husband, and the widow certificate. Once these materials are available, the dismissal of the application on a trivial ground reflects a failure to appreciate the object and purpose of the Surrogacy Act.

8.The Act enjoins Courts to uphold the welfare of intended parents and surrogate mothers within its regulatory framework. A dismissive approach, particularly after keeping the matter pending for seven months, reflects social irresponsibility and undermines the plight of childless couples. The Courts are duty-bound to ensure that the fundamental right https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 05:43:30 pm ) to parenthood, facilitated through the Act, is not thwarted by hyper- technical reasoning .

9.In light of the above, the impugned order is set aside. The matter is remanded to the learned Judicial Magistrate, Uthamapalayam, with a direction to record the sworn statement afresh and dispose of the petition in accordance with law within two weeks from the date of receipt of a copy of this order. The learned Trial Court shall duly take into account the documentary evidence produced by the petitioners, including the death certificate of the surrogate mother’s husband and her widow certificate, while considering the petition on merits.