The Kerala High Court has directed police authorities to constitute a Special Investigation Team (SIT) to investigate alleged unlawful activities connected to illegal surrogacy and egg donation networks in the state. The order, issued on 5 December, emphasised the urgency of the investigation and instructed the police not to wait for authorisation from the judicial magistrate to begin their inquiry.

Court stresses immediate action amid rising concerns

A Division Bench of Justices Devan Ramachandran and M B Snehalatha issued the directive while hearing a petition filed by an Assisted Reproductive Technology (ART) bank. The petition sought the release of individuals reportedly detained by the police and district medical authorities.

The Bench noted a police report indicating that although a complaint was filed before the Judicial Magistrate First Class Court in Kalamassery, no investigation had commenced because officers were awaiting judicial instructions. Calling this delay untenable in a sensitive matter, the court stated that a dedicated SIT was essential to examine all facets of the case.

Initial findings reveal online ads and inducements

The police report flagged troubling signs of illegal activity uncovered during preliminary checks. These included:

  • Online advertisements offering payment for egg donation and surrogacy;
  • Alleged inducement of vulnerable individuals;
  • Suspected commercial surrogacy arrangements prohibited under Indian law.

Such findings highlight growing concerns about unregulated reproductive services and the exploitation of women, particularly those from economically disadvantaged backgrounds.

For related medical regulatory concerns, see (Newskarnataka.com) https://newskarnataka.com and https://newskarnataka.com.

Court emphasises need for awareness under ART and surrogacy laws

During an earlier hearing on 17 October, Government Pleader Sunil Nath told the court that misuse of the ART ecosystem was widespread, and greater awareness of the regulatory framework was urgently needed.

He pointed specifically to the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, noting that their provisions must be clearly communicated to stakeholders and the public.

The Bench agreed and directed that essential provisions be prominently displayed at:

  • ART Banks
  • Fertility clinics
  • Hospitals providing ART or surrogacy-related services
    This, the court said, would help patients and families understand lawful processes while discouraging unethical practices.

What is an ART Bank?

An Assisted Reproductive Technology (ART) Bank is a licensed facility that supports individuals or couples unable to conceive naturally. These banks manage donor gametes, coordinate surrogacy-related services and support fertility clinics.

Under the ART Act:

  • Only married infertile couples and eligible single women may access ART;
  • Sale of gametes is prohibited;
  • Surrogates cannot receive payment apart from medical expenses and insurance;
  • All ART clinics and banks must be registered with government authorities.

The High Court reiterated that elevating awareness around these rules is necessary to protect patients and prevent commercialisation of reproductive services.

Next hearing scheduled for December 10

The matter will return to court on 10 December, when the state government is expected to update the Bench on the formation of the SIT. The court has also sought clarity from police and health authorities on whether additional regulatory measures are required to prevent further violations.