Balakrishnan v. The Additional Secretary to Government

ORDER This is a petition filed by the petitioners seeking a direction to the respondents to consider their representation dated 12.1.2026 and issue an eligibility certificate for them to undergo surrogacy procedure under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021.

¶2Heard the learned counsel for the petitioners and the learned Page3 of 6 Government Advocate accepting notice for the respondents.

¶3The case of the petitioners is as follows: The petitioners are husband and wife. In another four years, the first petitioner will become a senior citizen. Their only son - one Mr.Haripravin succumbed to the injuries sustained in a road accident occurred on 24.8.2025. Hence, the petitioners decided to have a child, for which, they were advised to secure an eligibility certificate under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. The petitioners are having sufficient means to bring up a child. Pursuant to the decision taken, the petitioners sent a representation dated 12.1.2026 to the respondents seeking an eligibility certificate in order to undergo the surrogacy procedure under the Statute. But, it did not evoke any response. Hence the writ petition.

¶4Considering the limited nature of the relief sought for and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the respondents to consider the petitioners' representation dated 12.1.2016 on merits and pass appropriate Page4 of 6 orders thereon in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 27-03-2026 RLI Index: Yes/No Speaking/Non-speaking order To

¶1The Additional Secretary to Government The Assistant Reproductive Technology and Surrogacy Authority, Health and Family Welfare department, Secretariat, Fort St.George, Chennai 09

¶2The Joint Director of Health Service Authority under assisted Reproductive Technology (Regulation ) Act 2021 and Surrogacy (Regulation ) Act 2021 , Tirupur district, Tirupur

¶3The District Medical Board Constituted under Assisted Reproductive Technology (Regulation ) Act 2021 and Surrogacy (Regulation ) Act 2021 , Tirupur district, Tirupur Page5 of 6 Page6 of 6

M.DHANDAPANI, J. RLI 27-03-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.12355 of 2026 1. Balakrishnan 2. Arulmozhi ...Petitioner(s) Vs 1. The Additional Secretary to Government The Assistant Reproductive Technology & Surrogacy Authority, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai. 600009 2. The Joint Director of Health Service Authority under Assisted Reproductive Technology (Regulation) Act, 2021 & Surrogacy (Regulation) Act, 2021, Tirupur District, Tirupur. 3. The District Medical Board Constituted under Assisted Reproductive Technology (Regulation) Act, 2021 & Surrogacy (Regulation) Act 2021, Tirupur District, Tirupur. Page2 of 6 ...Respondent(s) PETITION under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider and issue eligibility certificate for the petitioners being intending couple to undergo the surrogacy procedure under Assisted Reproductive Technology (Regulation) Act 2021 and Surrogacy (Regulation) Act 2021 on the basis of petitioners' representation dated 12.1.2026. For Petitioners: Mr.M.Himavanth For Respondents: Mr.K.Tippusulthan, GA