Bombay High Court To Reply As Plea Seeks To Set Up District Surrogacy Board

A couple has moved Bombay High Court seeking a direction to the Maharashtra government to set up a district surrogacy board as per provisions of the Surrogacy (Regulation) Act, 2021 and to process registrations of infertility clinics in Mumbai.

A division bench headed by Justice S V Gangapurwala on Monday sought the government's response to the plea and posted it for hearing on December 12.

As per the petition, the couple, both in their 40s now, got married in 2016. The wife has been suffering from diabetes and other related ailments since she was young. She failed to get pregnant following which they approached various fertility clinics and experts but the same did not result in pregnancy.

The couple then decided to go for surrogacy, but they learnt no clinic has been granted registration for surrogacy yet, as per the plea.

The plea claimed despite there being a law in respect of surrogacy and Assisted Reproductive Techniques, no clinic in Mumbai has been granted registration. Without registration, no clinic can process surrogacy applications, it said.

It said even the district surrogacy board has not been set up under the provisions of the Act.

"Prohibiting the petitioners to undergo ART procedures would be against the fundamental rights enshrined under Articles 14 and 21 of the Constitution of India," the petition said.

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