Overview
- The bench set aside the state authority’s rejection and directed issuance of Essentiality and Eligibility certificates so the couple can proceed.
- The petitioner is a 32-year-old doctor diagnosed with complete androgen insensitivity syndrome, a condition that entails absence of a uterus and ovaries.
- Officials had refused permission after treating her as ineligible by pointing to a 46XY karyotype and citing a view that transgender persons are not covered by the law.
- Justice Nagesh Bheemapaka ruled that a chromosomal profile cannot abridge access to surrogacy and criticized the narrow reading of the statute.
- The couple had a District Medical Board certificate from 2023 and a July 2024 parentage order, and they meet the Act’s marital status, age, and no-surviving-child criteria.