XYZ Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Returnable forthwith. Respondents waives service. By consent of the parties, heard finally.

(2.) The Petitioners, who are husband and wife got married on 29/4/2013. The Petitioners contend that they could not achieve parenthood due to serious medical issues suffered by the wife. Between the period of 2011 to 2023, the wife underwent surgeries. Confronted with several ailments arising from genetic abnormalities, the petitioners were advised that it would not be possible for the wife to bear a child in the natural course and the only option for them, was to have a child by surrogacy.

(3.) When the Petitioners intended to take recourse to the procedure of surrogacy under the provisions of the Surrogacy (Regulation) Act, 2021 ( for short "the Surrogacy Act") and under the Rules framed thereunder, they were confronted with what was prescribed by the impugned notification dtd. 14/3/2023, issued by the Government of India, Ministry & Family Welfare. By such notification issued in exercise of powers conferred under Sec. 50 of the Surrogacy Act, the Central Government framed the following Rules to amend the Surrogacy (Regulation) Rules 2022 as contained in Form-2 under Rule 7, whereby amending existing para 1(d) (I), a new stipulation as contained in Rule 1(d)(I) & (II) came to be prescribed. The said notification prescribing the amending Rules reads thus: