Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 362 Misc 2025 Mahavir and ors.
CNR-MHMM18-005938-2025
ORDER BELOW EXH.1
1. This case is filed by intending couple and the surrogate mother
under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act 2021. First
applicant No.1 Shri Mahaveer Jain is the husband of second applicant
Mrs. Manisha Mahaveer Jain. Applicant no. 1 Mahaveer is 36 years old,
whereas, applicant no. 2 Manisha is 34 years old. It is case of the
applicants that they have some medical issues, therefore, they decided to
have a child through surrogate mother applicant No.3 Mrs. Suchita
Rajesh Yadav who is 30 years old. It is case of the applicants that they
had approached to get the eligibility certificate as intending couple as
per section 4(iii)(c) of the Surrogacy (Regulation) Act 2021.
Accordingly, on 08.01.2025 their application came to be allowed. They
also came with the case that applicant No.3 viz. Suchita Yadav had
approached to competent authority to get the eligibility certificate as a
surrogate mother as per section 4(iii)(b) of the Surrogacy (Regulation)
Act 2021 which is valid from 18.05.2025 to 18.11.2025. Applicant have
also stated that applicant No.3 Suchita Yadav has given unconditional
consent as required on 15.04.2025. They also purchased an insurance
coverage in favour of the surrogate mother as per section 4 (iii) (a) (III)
of the Surrogacy (Regulation) Act 2021. Applicants have submitted that
they have filed this application to get the order of parentage and custody
for the child to be born through surrogacy as per section 4(iii)(a) (II) of
the Surrogacy (Regulation) Act 2021. Ld. Advocate submitted that for
the security of the applicant no. 3 term policy has been drawn and as per
this policy, assured sum is Rs.2,00,000/- having coverage upto
25.04.2028. Ld. Advocate also submitted that applicant no. 1 & 2 has
paid an amount of Rs.2,478/- for this term policy. By availing this term
policy, applicant no. 1 & 2 have made provision for the security of the
surrogate mother.
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C. C. No. 362 Misc 2025 Mahavir and ors.
CNR-MHMM18-005938-2025
2. Applicant no. 1 to 3 and husband of the applicant no. 3 viz. Mr.
Rajesh Jagdish Yadav have filed their affidavits at Page Nos.42 to 53 for
giving consent to the surrogacy procedure.
3. I have personally interviewed with applicant Nos.1 to 3. They have
corroborated the facts mentioned in the application.
4. Heard Ld. Advocate for the applicant Shri. S. G. Naik and perused
the entire record. As per section 2 (r), intending couple means a couple
who have a medical indication or medical problem and who intent to
become parents through surrogacy. As per the provisions of this Act, the
age of the intending couple in case of female should be between 23 years
to 50 years and in case of male, it should be between 26 years to 55
years. It seems that first applicant who is the husband of applicant no. 2
is 36 years old. To prove his age, he has produced his school leaving
certificate, wherein, date of birth has been shown as 22.12.1988. The
age of applicant no. 2 is 34 years old. To show her age proof, she has
filed school leaving certificate, wherein, her date of birth is 04.10.1991.
Therefore, there is no issue regarding the age criteria in respect of
intending couple. As per this statute, the age of the surrogate mother
should be between 25 years to 35 years on the day of implantation. To
prove the age, applicant no. 3 has submitted her Aadhar Card, wherein,
her date of birth is mentioned as 31.12.1995. Considering all these
aspects, there is no issue regarding the age of the applicants.
5. To get the child through the surrogate mother, spouse should be
unable to procure the child. Intending couple should approach to the
doctor and doctor should give certificate as per the form no. 12.
Applicant has produced form no. 12 at Page Nos.26 and 27. This
certificate has been issued by doctor Daksha Shah certifying that
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C. C. No. 362 Misc 2025 Mahavir and ors.
CNR-MHMM18-005938-2025
applicant no. 2 Manisha Jain is suffering from Aortic stenosis with Aortic
valve Replacement, Relapse Severe AS, Multiple Failed IVF Cycle and
Ruptured Left Ectopic. Dr. Daksha Shah has recommended her with
donor eggs requires to undergo surrogacy procedure as an advanced
treatment for infertility. Applicants have produced eligibility certificate
of intending couple showing that applicant no. 1 and 2 are eligible to
undergo surrogacy procedure. Applicants have produced eligibility
certificate of applicant no. 3 at page No.37. Ld. Advocate for the
applicant submitted that the husband of the applicant no. 3 has filed his
own affidavit at page No.42 and gave consent for this procedure. To
become a surrogate mother, such woman should be married. Ld.
Advocate produced the marriage certificate at page No.36 of the
surrogate mother, wherein, it is mentioned that her marriage was
solemnized with Mr. Rajesh Jagdish Yadav on 20.05.2014. Apart from
that, intending couple should be married one. Ld. Advocate for the
applicants have produced the marriage registration certificate of the
applicant no. 1 & 2 at page No.21 which clearly discloses that their
marriage was solemnized on 14.05.2014. Applicant no. 2 produced her
aadhar card and marriage certificate. It appears that applicant no.2 is
resident of Dharavi which comes within the jurisdiction of this Court.
There should be consent of the surrogate mother regarding the surrogacy
procedure. Applicant shall produce said agreement which is required as
per form no. 2 under Rule 7 of the Surrogacy Regulation Rules 2022.
After its perusal it seems that applicant no. 3 Mrs. Suchita Yadav
executed this agreement, wherein, agreed to act as surrogate mother for
the intending couple i.e. applicant no. 1 & 2. Applicant No.3 has
mentioned in petition that she has one child. She also mentioned that
she has discussed this fact with Dr. Mohit Saraogi. Said agreement bears
the signature of applicant no. 1 to 3, independent witness and Dr. Mohit
R. Saraogi. Applicants have produced documents regarding the
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C. C. No. 362 Misc 2025 Mahavir and ors.
CNR-MHMM18-005938-2025
insurance of applicant No.3 Mrs. Suchita Yadav. After going through all
these documents it appears that applicants have made the compliance of
section 4 (iii) of the Surrogacy (Regulation) Act 2021. As per this
provision, the Magistrate has jurisdiction to issue the order of parentage
and custody of the child to be born through surrogacy. Hence, I proceed
to pass following order :-
ORDER
a. The application is hereby allowed.
b. Applicant no. 1 Mr. Mahaveer Jain and applicant No.2 Manisha
Jain are considered as parents and custodian of the child to be born
through surrogacy and they are considered as a of the child or children
to be born through the surrogacy.
c. This order shall be the birth affidavit after the surrogate child is
born.
MUMBAI (GIRISH S. MANE)
DATE – 05.08.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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