Hyderabad: The Telangana High Court on Saturday, March 7, allowed a couple to opt for surrogacy after the woman with a rare genetic conditions was not able to conceive.
The woman, who is a doctor, suffers from Complete Androgen Insensitivity Syndrome (CAIS).
Delivering the judgment, Justice Nagesh Bheemappa observed that marriage is not just a bond between two people; it also forms the basis for the continuation of future generations. “Surrogacy was introduced through the Surrogacy (Regulation) Act to provide an opportunity for couples who are unable to have children due to rare medical conditions,” he said.
Bheemappa observed after hearing a case filed by a 32-year-old doctor and her husband who challenged the rejection of the application for surrogacy by the Appellate Authority under the Telangana Health and Family Welfare Department.
During the hearing, PD Vineela, the counsel representing the petitioners stated that they got married in 2021. However as the doctor was unable to conceive, the couple sought permission for surrogacy. However, the authority rejected the application stating that the couple did not meet the eligibility criteria. Instead the doctor was treated as transgendered person.
Vineela argued that the petitioner suffers from rare genetic condition called Complete Androgen Insensitivity Syndrome (CAIS), a condition in which the individual does not have a uterus or ovaries.
Following the arguments, the judge said that a woman suffering from a rare disease should not be denied a chance to have child through surrogacy.
Bheemappa observed that denying surrogacy on the basis of chromosomal imbalance would defeat the objective of surrogacy.
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