V. GIRIJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) W.M.P.Nos.7187, 7192, 7120, 7174, 7182, 7184, 7169, 7153, 7164, 7155, 7160 and 7161 of 2024, filed seeking permission to file a single writ petition are ordered on payment of separate court fee, if not already paid.

(2.) These writ petitions have been filed by 12 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.

(3.) The Act provides for constitution of Boards at the National and State level as well as other authorities to regulate the practice and process of surrogacy. The procedure relating to surrogacy is set out in various rules and regulations, including in the Surrogacy (Regulation) Rules, 2022 (Rules). The Rules, provide, inter alia at Rule 14, that a woman may opt for surrogacy in certain specified medical conditions. Rule 14 reads as follows:-