Brothers ‘refuse’ care for kidney-donor mother, Court grants job to married sister

The Madras High Court ruled on August 5 that a couple is the legal parents of a child to be born through surrogacy, overturning a previous decision that had denied them custody. The court emphasized that the child would be regarded as the biological offspring of the couple, granting them all rights and privileges akin to a natural child.

This judgment came after the couple, who had been married since August 21, 2006, sought to legally adopt a child through surrogacy after enduring years of infertility. The surrogate mother was also certified as eligible to participate in the arrangement. The court rejected the magistrate's earlier decision to dismiss their petition, asserting that the magistrate lacked jurisdiction to make such determinations under the Surrogacy (Regulation) Act, 2021.

The court further clarified that the Surrogacy Act establishes a clear hierarchy of authorities, with the magistrate solely responsible for deciding on parentage and custody matters, ensuring the welfare of the child remains the primary consideration.