Magistrates should not harp on hypertechnicalities to deny birth affidavits for surrogate babies: Madras High Court
The Madras High Court ruled that judicial magistrates should not use technicalities regarding age limits to deny birth affidavits for surrogate babies. The court clarified that an intending mother is eligible until she turns 51, criticizing the lower court for overstepping its jurisdiction.
Why it matters
This ruling provides legal clarity on the implementation of the Surrogacy (Regulation) Act, protecting the rights of intending parents against overly rigid bureaucratic interpretations.
Judicial magistrates should not harp on hypertechnicalities and consequently refuse to pass orders concerning the parentage and custody of a baby to be born through surrogacy just because the woman, intending to be the biological mother, happens to be between 50 and 51 years of age, the Madras High Court has held.
The article provides a straightforward legal summary of a court judgment without editorializing.
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