Madras High Court Intervenes to Protect Surrogate Mother’s Twin Foetuses

speedy summary

• Madras High Court Ruling: On July 29, 2025, the Madras High Court invoked its parens patriae jurisdiction to rectify a procedural lapse in a surrogacy case involving 19-week-old twin foetuses of a surrogate mother.
• surrogacy (Regulation) Act Compliance: The court is issuing the required ‘parentage order,’ which must legally be obtained before starting any surrogacy process. Section 4(iii)(a)(II) of the Act mandates this order to establish parentage and custody.
• judge’s Directive: Justice N. Anand Venkatesh ordered the intending parents and surrogate mother to appear before the Master court on August 1 for further procedure compliance, such as ensuring proper insurance coverage.
• Hospital’s mistake: Chennai-based GG Hospital initiated surrogacy without obtaining the parentage order due to lack of attention to legal provisions.They only informed the intending parents after embryo transfer when twin foetuses were already at an advanced stage (11 weeks old at that time).
• Clarification by Judge: While addressing this specific case, Justice Venkatesh mentioned his ruling cannot be cited as precedent in future cases.

Indian Opinion analysis

This landmark judgment signifies India’s ongoing struggle with aligning medical practices and patient care with newly implemented laws like the Surrogacy (Regulation) Act of 2021. While establishing clarity on procedural requirements-including mandatory “parentage orders”-this case underscores gaps in awareness among stakeholders including hospitals and intending parents.The judge’s effort symbolizes judicial adaptability aimed at safeguarding unborn children’s rights while upholding bodily autonomy for surrogate mothers under extraordinary circumstances. However, it also highlights potential weaknesses in implementation of statutory reforms across healthcare systems which may lead to unintended lapses or delays.

For India, adherence to these regulations holds significance not only for ethical reproduction practices but also for global medical credibility. Thorough training programs on legal guidelines for healthcare providers could mitigate future missteps while preserving societal trust.

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