Soumen Sen And ANR. v. Union Of India And ORS.

D/L 4 20.02.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 24838 of 2024 Soumen Sen & Anr.

Vs.

Union of India & Ors.

Mr. Kallol Basu Mr. Atreya Chakraborty ... for the Petitioners.

Mr. Biswabrata Basu Mallick Ms. Parna Roy Chowdhury ...for the State.

Mr. Rashmi Bothra Mr. Samrat Ghosh ...for the Union of India.

Mr. Dhiman Banerjee ...for the respondent no. 6.

1. Learned counsel representing the State respondents submits that, no report has been forwarded by the Principal Secretary with regard to the issue regarding Surrogacy (Regulation) Act, 2021.

2. In view of the above, the principle laid down by the Court in the matter of Shyamoli Saha & Anr. Vs. The State of West Bengal & Ors. shall be applicable in the instant case.

3. The petitioners shall be permitted by the clinic to avail the benefit under the Surrogacy (Regulation) Act, 2021 in the same manner as applied in the Assisted Reproductive Technology (Regulation) Act, 2021.

4. The writ petition stands disposed of.

5. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)