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Magistrate Cannot Reassess Surrogacy Eligibility Certificate; Couple's Parenthood Plea Revived: Madras High Court

26 Jun 2026 3 min read
Magistrate Cannot Reassess Surrogacy Eligibility Certificate; Couple's Parenthood Plea Revived: Madras High Court

The Madras High Court has ruled that a Judicial Magistrate cannot question or sit in appeal over eligibility certificates validly issued under the Surrogacy (Regulation) Act, 2021 while deciding applications relating to the parentage and custody of a child born through surrogacy. The Court held that such proceedings are intended to facilitate the welfare of the child and not to create unnecessary hurdles for intending parents. Accordingly, the High Court…

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