Madras High Court Directs Magistrates to Decide Surrogacy Custody Cases in Four Weeks

The Madras High Court has issued a set of seven guidelines for judicial magistrates handling custody and parentage applications in surrogacy cases, mandating that such applications be decided within four weeks.

Justice Shamim Ahmed issued the directive at the Madras High Court in Chennai to ensure uniformity in judicial practice and minimize legal hardships for intending couples, surrogate mothers, and children born through surrogacy.

The ruling was delivered during the hearing of a plea moved by petitioner Sri Nandhini Devi. She had challenged an order by a judicial magistrate who refused to grant her parentage and custody of a child to be born through surrogacy.

Justice Shamim Ahmed set aside the magistrate's previous order and remitted the case back to the magistrate for fresh consideration in light of the new guidelines.

Under the newly framed guidelines, magistrates must dispose of parentage and custody applications within a strict four-week timeline. This timeline can only be extended if deeper scrutiny is required due to allegations of fraud, document fabrication, involuntary consent, or commercial surrogacy.

The guidelines clarify the scope of a magistrate's authority in these proceedings. The court ruled that a magistrate is not expected to sit in appeal over the findings recorded by the district medical board or other appropriate authorities. An exception to this rule is allowed only when fraud, a lack of jurisdiction, or patent illegality is apparent on the face of the record.

Additionally, the guidelines require magistrates to personally interact with both the intending couple and the surrogate mother. During this interaction, the magistrate must satisfy themselves regarding the voluntariness of the surrogacy arrangement.

The magistrate must confirm the absence of coercion or undue influence, and ensure that all parties fully understand the legal consequences of the process. The details of this interaction and the magistrate's satisfaction must be officially recorded.