Surrogate’s Husband is neither a necessary party nor required to depose

Judgment dated 25.6.2026 of the High Court at Madras in CRL RC No.950 of 2026 of Sri Nandhini Devi and others   Vs.   The State of Tamilnadu and others

Whether the non-examination of the husband of the surrogate mother is fatal to the proceedings?

The Section does not require the husband of the surrogate mother to be a party to the proceeding or depose evidence with regard to the issue. The wordings of the Section are very clear as to who has to initiate the proceedings for an order concerning the parentage and custody of the Child. Hence, the dismissal of the Application because the husband of the 3rd Petitioner was not a party to the Impugned proceedings is legally unfounded. Hence, this Court is of the view that the grounds taken by the court below that the husband of the 3rd Petitioner/surrogate mother was not a party to the proceedings and that the non-examination of the surrogate mother’s husband are fatal to the proceedings, are not sustainable.

Surrogacy (Regulation) Act, 2021.

The petitioners filed case under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021, for an order for parentage and custody of the child to be born through surrogacy.