Case Note & Summary
The petitioners, a married couple, sought to have a child through surrogacy due to the wife's medical issues. They challenged Rule 1(d)(I) & (II) of the Surrogacy (Regulation) Amendment Rules, 2023, which required a certificate of genetic abnormality from a District Medical Board. The court examined Section 4(iii)(c) of the Surrogacy (Regulation) Act, 2021, which only requires a certificate of medical necessity. The court found that the rule imposed an additional condition not present in the Act, making it ultra vires. The court struck down the rule, allowing the petitioners to proceed with surrogacy without the genetic abnormality certificate.
Headnote
A) Constitutional Law - Ultra Vires - Delegated Legislation - Rule 1(d)(I) & (II) of Surrogacy (Regulation) Amendment Rules, 2023 - The impugned rule required intending couples to produce a certificate of genetic abnormality from a District Medical Board, which was not mandated by Section 4(iii)(c) of the Surrogacy (Regulation) Act, 2021. The court held that the rule imposed an additional condition beyond the Act and was ultra vires the parent statute. (Paras 1-18) B) Surrogacy Law - Interpretation of Statute - Section 4(iii)(c) of Surrogacy (Regulation) Act, 2021 - The Act only requires a certificate of medical necessity for surrogacy, not a specific genetic abnormality certificate. The court reasoned that the rule's requirement was not supported by the Act and thus invalid. (Paras 10-15) C) Administrative Law - Delegated Legislation - Validity of Rules - The court applied the principle that delegated legislation must be within the scope of the parent Act. Since the rule added a new condition not found in the Act, it was struck down. (Paras 16-18)
Issue of Consideration
Whether Rule 1(d)(I) & (II) of the Surrogacy (Regulation) Amendment Rules, 2023, requiring a certificate of genetic abnormality for intending couples to avail surrogacy, is ultra vires the Surrogacy (Regulation) Act, 2021?
Final Decision
The court allowed the writ petitions, quashing Rule 1(d)(I) & (II) of the Surrogacy (Regulation) Amendment Rules, 2023 as ultra vires the Surrogacy (Regulation) Act, 2021. The petitioners were permitted to proceed with surrogacy without the requirement of a certificate of genetic abnormality from a District Medical Board.
Law Points
- Doctrine of ultra vires
- Rule against adding restrictions beyond statute
- Interpretation of Section 4(iii)(c) of Surrogacy Act
- 2021
