Telangana High Court Allows Surrogacy for Woman With Rare Genetic Condition

Delivering the order, Justice Nagesh Bheemapaka observed that marriage is not merely a bond between two individuals but also forms the foundation of the family system and the continuation of future generations.

“Surrogacy was introduced through the Surrogacy (Regulation) Act to provide an opportunity for couples who are unable to have children due to rare medical conditions,” the judge noted.

The case was filed by a 32-year-old doctor from Hyderabad and her husband, who challenged the order issued last year by the Appellate Authority under the State Health and Family Welfare Department rejecting their application for surrogacy.

During the hearing, the petitioners’ counsel, P.D. Vineela, submitted that the couple had married in 2021 according to Hindu traditions. As the woman was unable to conceive, they applied to the Appellate Authority seeking permission for surrogacy.

She stated that the couple had also obtained a certification from the district medical board confirming the medical necessity for surrogacy.

However, the authority rejected the application stating that the couple did not meet the eligibility criteria, and reportedly treated the petitioner as a transgender person.

The counsel argued that the petitioner is not transgender but suffers from a rare genetic disorder known as Complete Androgen Insensitivity Syndrome (CAIS), a condition in which the individual does not have a uterus or ovaries.

After hearing the arguments, the court ruled that a woman suffering from such a rare genetic condition should not be denied the opportunity to have a child through surrogacy.

The judge observed that rejecting the request solely on the basis of chromosomal abnormality would defeat the objective of the Surrogacy Act.

The High Court directed the State Health and Family Welfare Department to issue the required eligibility certificate, allowing the couple to proceed with surrogacy.