Permission For Surrogacy Can Be Granted Only If Altruism And Lack Of Financial Involvement Are Reasonably Established: Kerala High Court
The Kerala High Court observed that, under the scheme of the Surrogacy (Regulation) Act, 2021, surrogacy can be permitted only if altruism and lack of financial involvement are established.
Justice Devan Ramachandran observed thus while considering a Writ Petition in a surrogacy matter.
In this case, the Petitioners, the surrogate mother and her sister-in-law contended that the would-be mother was acting altruistically. However, the Government pleaded contended that several inconsistencies and violations of the law were committed by the Petitioners.
Advocate Deepa Sreenivasan appeared for the Petitioner and Government Pleader Sunil Kumar Kuriakose appeared for the Respondent.
On query by the Court, the petitioner stated that she would stand in the way of the Court ordering a further enquiry by the concerned Police Authorities particularly qua the aspect of altruism.
The Court listed the matter for November 8 and directed the Deputy Inspector General (DIG) to conduct an appropriate inquiry to assess whether such an act of the Petition is altruistic and without the involvement of any financial benefit.
The Court instructed the DIG to conduct a thorough enquiry and file a report within a week from the date of this order.
Accordingly, the Court listed the matter for November 8th.
Cause Title: X v State Of Kerala