The Madras High Court has described the Surrogacy (Regulation) Act, 2021, as a “beneficial legislation” aimed at addressing infertility concerns and regulating surrogacy practices in India, while issuing detailed guidelines for judicial magistrates handling applications under the law. The observations were made in an order passed on Thursday by Justice Shamim Ahmed, who emphasised that the Act is designed to ensure legal clarity, protect the welfare of children born through surrogacy, and safeguard the interests of all parties involved in the process.

The court issued the directions while allowing a petition filed by a couple from Namakkal, Sri Nandini Devi and her husband Saravanan, along with the surrogate mother, Kiruthiga Perumal of Karur. The petition challenged the dismissal of an earlier application filed under Section 4 (iii) (a) (II) of the Surrogacy (Regulation) Act, which sought judicial orders regarding the parentage and custody of the child to be born, as well as the relinquishment of future parental rights by the surrogate mother.

Justice Shamim Ahmed noted that the Surrogacy Act serves a broader social objective by addressing the growing incidence of infertility among young couples while simultaneously regulating surrogacy arrangements in a structured legal framework. He observed that the legislation must be interpreted in a manner that balances medical, ethical and legal considerations, ensuring that all procedures are carried out in compliance with statutory requirements.

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In his order, the judge clarified the limited role of judicial magistrates under Section 4 (iii) (a) (II) of the Act. He stated that their responsibility is primarily to verify voluntariness, ensure statutory compliance, confirm the welfare of the child, and provide legal certainty regarding parentage and custody. The court stressed that magistrates are not required to delve into substantive disputes beyond these defined parameters, as the legislative intent is to streamline and regulate the surrogacy approval process.

The court also highlighted that proper adherence to procedural safeguards is essential to prevent exploitation and to protect the rights of surrogate mothers as well as intended parents. It noted that clear judicial oversight at the magistrate level plays a crucial role in ensuring transparency and preventing future legal complications related to custody or parentage.

By issuing these guidelines, the Madras High Court has sought to bring greater uniformity in the handling of surrogacy-related applications across the state. The ruling is expected to serve as a reference for lower courts dealing with similar petitions, reinforcing the legal framework governing assisted reproductive technologies in India while prioritising the welfare of children born through surrogacy arrangements.

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