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   (i)         Genetic Test.

   (ii)        Physical Test and

   (iii)       Economic Test.




(i) Genetic Test:

In medical parlance, what is needed for an embryo is a healthy sperm and an egg. Therefore, it is imperative to test the strength of the sperm as the sperm contains genetic information necessary to make a new individual. The genetic information is densely packed into the head of the sperm. The sperm contains 23 chromosomes. These 23 chromosomes will pair up with 23 chromosomes in the egg to give out 46 chromosomes necessary for a healthy human embryo. It is again medically determined that men over the age of 35 to 40 typically experience a decrease in sperm health. Since the petitioner is now aged 57 years, it would become necessary for him to undergo the genetic test for determination of the health of the sperm, so that the child born out of the embryo of which the sperm of the petitioner is impregnable part, is not born with any disorder or infirm.

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20. The Government of India in terms of a notification dated 04.05.2022 has constituted National Assisted Reproductive Technology and Surrogacy Board (The National Board) and subsequently, on 04.08.2022 and 16.12.2022, has composed the Board with expert members. Likewise, the State Surrogacy Board is also said to be in place. The Appropriate Authorities are also appointed both in the Center and the State for consideration of the applications submitted by the intending couple. Therefore, the State Surrogacy Board / Appropriate Authority / Prescribed Authority shall consider the application by the petitioners for grant of an eligibility certificate as is necessary in law for the petitioners to become parents by way of surrogacy, on the triple tests as indicated hereinabove - genetic; physical and economical. For the purpose of these tests, the petitioner shall file an affidavit which would contain the following:
(i) The 1st petitioner/father shall undertake to undergo the genetic test for determination of the strength of the gamete/sperm and its quality.
(ii) The Economic capacity of the intending couple for the growth of the child and to place the measures taken to secure the life by creation of property or any fixed deposit in the name of the child.
(iii) Measures to be taken for the upbringing of the child as the father or the mother, if are not physically able to bring up the child, this would not mean the petitioners would abandon the child or leave it at the mercy of anybody else.