The Karnataka High Court has evolved “triple tests” for considering the plea of a couple to have a child through altruistic surrogacy. It has suggested these to “iron out the creases” in the Surrogacy (Regulation) Act, 2021, which prohibits men above 55 years to have a child through surrogacy.
Also, the court said that the provision in the Act, which states that “surrogate mother should be genetically related” to the couple who wants to have a child through surrogacy “defeats both altruism and logic”. “Altruistic surrogacy should mean, surrogacy by an outsider. Therefore, the provision [genetically related] runs counter to the philosophy or principle behind the enactment,” the court said.
It made these observations while partly allowing a petition filed by a 57-year-old employee in a government college in Bengaluru, and his 45-year-old wife. The petitioners, who lost their only child in a road accident in 2022, sought to have a child through altruistic surrogacy.
As the various legal issues on the Act are before the Supreme Court, the High Court has evolved the triple tests — genetic test, physical test, and economic test — which the petitioner-husband has to pass to become eligible to become a father through surrogacy.
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