Setting aside the order of the Commissioner of Health and Family Welfare rejecting their application under the Surrogacy (Regulation) Act, 2021, the Telangana High Court has allowed a writ petition by a couple seeking permission for surrogacy.
Justice Nagesh Bheemapaka directed the Appropriate Authority and the Commissioner of Health and Family Welfare to issue the Certificate of Essentiality and Eligibility required for the procedure.
The couple, married in November 2021 and residing in Medchal-Malkajgiri district, approached the court after their application was rejected on August 18, 2025.
The wife suffers from Complete Androgen Insensitivity Syndrome (CAIS), a rare chromosomal disorder in which she has a 46 XY karyotype and lacks a uterus and ovaries, making natural conception impossible.
The District Medical Board issued a Medical Indication Certificate confirming the condition and recommending surrogacy. The couple also obtained an order from the II Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, Kukatpally, granting parentage and custody rights for the child to be born through surrogacy.
However, the State Appropriate Authority rejected the application citing the 46 XY karyotype, stating that the Act defines a couple as a legally married man and woman, where a woman generally has an XX genotype.
The petitioners argued that the rejection was arbitrary and contrary to the Union government notification dated February 21, 2024, which allows the use of donor gametes if either spouse has a medical condition.
Justice Bheemapaka held that denying surrogacy solely on the basis of the chromosomal condition would defeat the purpose of the law, which seeks to assist infertile couples.
The court noted that the petitioner had the physical characteristics of a woman and suffered from a rare condition beyond her control. It therefore set aside the rejection order and directed authorities to issue the required certificates.