SUBBULAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal has been filed challenging the order dtd. 21/8/2024 passed in W.P. No. 23771 of 2024, wherein the learned Single Judge of this Court has dismissed the Writ Petition filed by the appellants herein, rejecting the relief of quashing the proceedings of Respondent No.3 dtd. 4/3/2024 on the ground that the letter impugned is not ultra vires to the Surrogacy Regulation Act, 2021 and Surrogacy (Regulation) Rules, 2022.

(2.) The brief facts leading to the filing of this appeal are brief as follows:

(3.) The petitioners herein are intending couple possessing certificate of essentiality for the purpose of surrogacy, issued as per the Surrogacy Regulation Act, 2021 (Surrogacy Act, hereinafter). They have able to secure a Surrogate mother for the purpose of surrogacy and approached the concerned authorities for issuance of eligibility certificate for the Surrogate mother to undergo Surrogacy procedure. According to the petitioners, the Surrogate mother fulfills the conditions and there is no legal impediment for issuing the eligibility certificate to her. They approached the appropriate Authority and issuance of the certificate was refused on the ground that the Surrogate mother was not hailing from the district in which they have made application for issuance of the eligibility certificate. The reasons stated by the Authorized Officer is that the guidelines issued by the State Authority, prescribes a condition that the eligibility certificate for a Surrogate mother shall be issued only from the district, where the Surrogate mother is hailing/ residing. This guideline issued by the State Authority/ third respondent herein is against the rules prescribed under the Surrogacy Act and it had caused prejudice to the intending couple and their right to have a child. Thereby, the petitioners have come forward with a writ of certiorari, seeking declaration to declare that the guidelines issued by the State Authority is ultravirus to the rules of the Surrogacy Act and to quash the guidelines of the State Authority dtd. 4/3/2024.