Archive · 20 Aug 2026
Madras High Court Grants Surrogacy Parentage to Couple
A couple who could not have a child naturally used a legal surrogacy process.
They asked a magistrate to officially recognize them as the child’s parents.
The magistrate refused because he thought the request belonged in a civil court.
The Madras High Court disagreed with that decision.
It said the surrogacy law specifically gives magistrates power to decide parentage and custody.
The High Court declared the couple to be the child’s lawful parents.
The child will have the same legal rights as a naturally born child.
The couple will receive custody when the child is born, and the arrangement cannot involve commercial surrogacy.
The Madras High Court declared the intending couple lawful parents of a child to be born through surrogacy.
Justice Shamim Ahmed set aside a magistrate’s April 22, 2026 rejection of the couple’s parentage and custody petition.
The court held that the Surrogacy (Regulation) Act, 2021 gives the magistrate authority to issue parentage and custody orders.
It ruled that the child will be treated as the couple’s biological child and receive the rights of a natural child.
Custody will pass to the couple at birth, while commercial surrogacy and future parental custody claims by the surrogate are barred.
- Who
- An unnamed married couple, a surrogate mother, the Madras High Court, and Justice Shamim Ahmed.
- What
- The High Court declared the couple the lawful parents of a child to be born through surrogacy and ordered that custody vest with them at birth.
- When
- The magistrate rejected the petition on April 22, 2026; Justice Shamim Ahmed issued the High Court ruling on August 5, 2026.
- Where
- The case was decided by the Madras High Court.
- Why
- The court found that the Surrogacy (Regulation) Act, 2021 specifically authorizes a magistrate to issue parentage and custody orders, even without criminal proceedings.
Magistrate’s Interpretation
High Court’s Interpretation
Authority to Decide Parentage
Magistrate’s Interpretation
The magistrate held that the petition was not maintainable because the court’s jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023 concerned criminal proceedings, while the requested relief was civil in nature.
High Court’s Interpretation
The High Court held that the Surrogacy (Regulation) Act, 2021 directly gives a magistrate of the first class or above responsibility for parentage and custody orders, regardless of whether criminal proceedings exist.
Scope of Review
Magistrate’s Interpretation
The magistrate rejected the petition and noted that no offence under the Surrogacy Act or related complaint had been alleged.
High Court’s Interpretation
The High Court said the magistrate should verify compliance with statutory requirements but should not expand the inquiry or review the decisions of the appropriate authority and district medical board.
- Marriage date
- August 21, 2006
- Eligibility certification
- The couple and surrogate were certified eligible on March 7; the couple’s certificate was valid until February 28, 2027, and the surrogate’s until March 6, 2027.
- Health insurance
- The couple secured 36 months of health insurance coverage for the surrogate from April 10.
- Magistrate’s decision
- The parentage and custody petition was dismissed on April 22, 2026 as not maintainable.
- High Court ruling
- The magistrate’s order was set aside on August 5, 2026.
- Child’s legal status
- The child will be deemed the couple’s biological child and receive the rights and privileges of a natural child.
- Custody conditions
- Custody goes to the couple immediately after birth; they cannot abandon the child, and the surrogate cannot later claim parental custody.
- Commercial surrogacy
- The court stated that no commercial surrogacy would be involved at any stage.