were not fortunate enough to enjoy parenthood,
they decided to go for surrogacy. Therefore, the petitioners entered into
Page 1 of 8
Downloaded ... medical staff and the
police officers that as per the surrogacy agreement entered into between
the petitioners and respondent no.5, the respondent
DIRECTORATE OF HEALTH SERVICES GENERAL
HOSPITAL JUNCTION THIRUVANANTHAPURAM - 695035
4. APPROPRIATE AUTHORITY SURROGACY REGULATION ACT 2021 REPRESENTED BY
CHAIRMAN OFFICE OF THE JOINT SECRETARY HEALTH ... application and
grant permission to the petitioners to continue with their surrogacy
treatment using their embryo already cyro preserved in the 5th respondent
hospital
adhoc registry and grant special permission
to petitioners and intended women for surrogacy procedure and direct the
seventh respondent to facilitate the surrogacy procedure ... respondents 1 to 6 to grant permission for non-
commercial and altruistic surrogacy. The 1st petitioner / wife
is aged 45 years and the 2nd petitioner
restraining them from acting in contravention to the terms of the
Gestational Surrogacy Agreement dated 28.08.2019.
3. The brief facts as claimed by the plaintiffs ... that the
plaintiffs opted for Gestational Surrogacy and entered into a
Gestational surrogacy agreement dated 28.08.2019 with the defendants.
Defendant no. 1 agreed
avail maternity leave even in case where she begets the child
.
through surrogacy. The stand taken by the State in that case was
that maternity ... regard to admissible of maternity leave to a female
government employee on surrogacy. The stand of the State is
apparent from the following para
constitute a medical Board as
mandated under S.4 of the Surrogacy Regulation Act 2021 and to issue
certificate of essentiality and certificate of eligibility ... ORDER
The petitioners seek permission for non-commercial and
altruistic surrogacy. The 1st petitioner is 52 years old and the 2nd
petitioner
pray for an appropriate
permission of the State Board under ' The Surrogacy
(Regulation) Act, 2021 ', for undergoing In Vitro
Fertilization Process ... been responded to.
Section 4(ii) of the Surrogacy (Regulation) Act,
2021 stipulates that no surrogacy or surrogacy
procedure shall be conducted or performed except
adhoc registry and grant special permission
to petitioners and intended women for surrogacy procedure and direct the
7th respondent to facilitate the surrogacy procedure ... March, 2022
ORDER
The petitioners seek permission for non-commercial and
altruistic surrogacy. The 1st petitioner is 44 years old and the 2nd
petitioner
petitioners, who are aggrieved by
the restrictions imposed by the Surrogacy (Regulation) Act, 2021 .
It is the case of the petitioners, that they had tried ... technology as well as
surrogacy for having a child and the first phase of surrogacy procedure was
undertaken on 21.12.2021 whereafter, the new Surrogacy
adhoc registry and grant special permission
to petitioners and intended women for surrogacy procedure and direct the
7th respondent to facilitate the surrogacy procedure ... respondent-Hospital has
filed a Statement explaining the clinical facilities for
surrogacy available in the Hospital and competency of the
Physicians/Doctors with them
