KOCHI: In a huge relief for a couple, aged 44 and 50, the Kerala High Court has granted permission to a private hospital in Adoor to facilitate the non-commercial and altruistic surrogacy for them. In their petition, the couple argued that though the Surrogacy (Regulation) Act, 2021, came into force, no authorised institution or appropriate authorities were constituted to register and sanction the legal-cum-non-commercial or altruistic surgery. Hence, they approached the court. The woman, who is a lawyer, argued the case herself. Justice N Nagaresh ordered clear that the petitioner can proceed with the surrogacy.
The hospital authorities informed the court that sufficient clinical facilities are available with them and they have competent doctors to do the procedure. The government pleader informed the court that the superintendent of government hospital in Mavelikkara has constituted a medical board and issued a Certificate of Medical Indication, as regards the intended surrogacy.
The petitioners submitted the order of the First Class Judicial Magistrate Court in Mavelikkara regarding parentage and custody. They also produced the insurance taken for 36 months as stipulated under Section 4 (iii)(a) (III) of the Surrogacy (Regulation) Act, 2021. The petitioner also produced a Certificate of Medical and Psychological Fitness of the surrogate mother issued by a doctor. The surrogate mother also filed an affidavit explaining that the hospital authorities have explained all side effects of the procedure.
The court also recorded the consent given by the surrogate mother. The couple, in their petition, has sought a directive from the court to constitute an ad hoc committee to grant special permission for them and the intended surrogate mother and sanction the non-commercial and altruistic surrogacy as the registry and the sanctioning authorities have not yet been constituted as per the 2021 Act.
The woman has undergone infertility treatment like IUI and IVF several times in the past without success following which their well-wishers advised surrogacy as a last resort to fulfil their desire to have a child. Already, she has undergone oocyte aspiration in the private hospital in Adoor and embryos have been kept frozen as cryopreserved. Because of all previous failed attempts, she is planning for surrogacy within one month. The doctor informed them that the chance of getting pregnant by the woman is remote or hardly possible.