KOCHI: A woman and her husband, aged 44 and 50 respectively, have approached the Kerala High Court with an unusual plea, seeking special permission to have a child through surrogacy as they are unable to have a child even after 12 years of marriage.
The couple has sought a directive from the court to constitute an ad hoc committee to grant special permission for them and the intended surrogate mother. They also pleaded to sanction non-commercial and altruistic surrogacy within 15 days as the registry and the sanctioning authorities have not yet been constituted as per the Surrogacy (Regulation) Act, 2021. The couple approached the court due to the dilemma and chaos related to the surrogacy process.
The woman submitted that she has undergone infertility treatment like IUI and IVF several times in the past but without success. Meanwhile, well-wishers advised surrogacy as a last resort to fulfill their desire. She has already undergone oocyte aspiration at a private hospital in Adoor and embryos were kept cryopreserved. As all the previous attempts failed, the woman has expressed her desire for surrogacy within one month. The doctor informed the couple that the chance of getting pregnant by the woman is remote or hardly possible. The intended surrogate mother agreed to bear their child through surrogacy from the implantation of the embryo in her womb and was willing to fulfill the condition in the Act.
In their petition, the couple argued that though the Surrogacy (Regulation) Act 2021 came into force, no authorised institutions or appropriate authorities were constituted to register and sanction the legal cum non-commercial or altruistic surgery. As per the Act, there should be a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry for registration of surrogacy clinics under the Act. They also quoted William Ewart Gladstone's words that "Justice delayed is justice denied." If justice is not carried out at the right time, then even if it is carried out later it is not real justice.
High Court seeks the details of medical facilities in the hospital
When the case came up for hearing on Friday, Justice N Nagaresh directed the private hospital in Adoor to file a statement regarding the clinical facilities for surrogacy available there and the competency of physicians/doctors with them. The court also directed the Superintendent of Government Hospital, Mavelikkara to constitute a Medical Board and issue a Certificate of Medical Indication, as regards the surrogacy intended. The petitioners, along with the surrogate mother, should appear before the Judicial Magistrate of the First Class, Mavelikkara, and obtain an Order of Parentage and Custody. The petitioners shall ensure that insurance is taken for 36 months as contemplated under Section 4 (iii)(a) (III) of the Surrogacy (Regulation) Act, 2021.
The petitioners should make available a Certificate of Medical and Psychological Fitness of the surrogate mother. The private hospital shall explain to the surrogate mother all known side effects of the procedure and obtain her written consent to undergo such procedures in a language known to her. The court will consider the case on March 18.