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Court Rules CAIS Doesn't Bar Surrogacy Rights
8 Mar
Summary
- Telangana HC directs essentiality certificate issuance for CAIS patient.
- Condition prevents eligibility denial based on chromosomal anomaly.
- Surrogacy Act's objective is to aid infertile couples, court stated.
In a significant ruling on March 3, 2026, the Telangana High Court directed the health and family welfare department to issue a certificate of essentiality and eligibility to a woman with Complete Androgen Insensitivity Syndrome (CAIS) for surrogacy.
Authorities had initially rejected the application from the 32-year-old doctor and her husband, citing her medical condition and a 46, XY karyotype as reasons for ineligibility under the Surrogacy (Regulation) Act, 2021. CAIS is a condition where the body's cells do not respond to androgens, affecting sexual development.
Justice Nagesh Bheemapaka underscored that the Surrogacy Act was enacted to help infertile couples. Denying this benefit due to a chromosomal anomaly would contradict the legislation's purpose. The court set aside the previous rejection, affirming that a medical condition should not be a barrier to parenthood.
