The State has to form District Medical Boards under the provisions of Surrogacy Act, 2021. Even couples who are eligible are not able to get their procedure done due to confusions about the same: Madras High Court
The Madras High Court passed a judgement on 31st of March, 2023 in which it directed the State of Tamil Nadu to form District Medical Boards under the provisions of Surrogacy Act, 2021. This was seen in the case of Priya Dharshini and Anr. v. State of Tamil Nadu and Ors. (WP(MD)No.4714 of 2023 and WMP(MD)No.4371 of 2023) and the case was presided over by The Honourable Mr. Justice GR Swaminathan
FACTS OF THE CASE:
The petitioner, a 50-year-old woman, wants to undergo the process of surrogacy. The Surrogacy Act, 2021 stipulates a bar on the commissioning woman to be between the ages of 23-50 years. Thus, if the application of the petitioner is not approved rapidly, she might lose her chance even though she is eligible now.
The learned single judge after listening to the contentions, directed the State of Tamil Nadu to form District Medical Boards under the provisions of Surrogacy Act, 2021. He expressed that even couples who are eligible are not able to go through with the process due to the confusions arising in the same. These Medical Boards should be available in every Medical College Hospital. The Board should know the procedure thoroughly and dispose off applications on thorough examination.
The court also made a mention on how celebrity couples are able to make use of the procedures easily, even finding loopholes but other common people are affected due to the lack of clarity and resources to find out what is to be done. Thus, the court also ordered that the petitioner’s application be considered within a four-week period so that they are not denied of their right.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA