Kerala High Court Orders SIT Probe into Alleged Illegal Surrogacy Practices at ART Bank
Court Expresses Shock Over Exploitation of Women in Assisted Reproductive Technology Services
SIT to Investigate Allegations Against ART Bank and State Authorities
By Our Legal Correspondent
New Delhi: December 08, 2025:
In a significant development, the Kerala High Court has directed the constitution of a Special Investigation Team (SIT) to probe allegations of illegal surrogacy practices connected with an Assisted Reproductive Technology (ART) Bank in Ernakulam. The ruling was delivered by a division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha on December 5, 2025, while hearing a writ petition filed by the ART Bank against the State Police Chief, Health Department officials, and others.
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Background of the Case
- The Petition: The ART Bank alleged that women who voluntarily visited its institution for medical screening were illegally taken into custody by the police and health department.
- The Allegations: Reports suggested that women were trafficked under the guise of ART services, raising concerns of exploitation.
- Court’s Earlier Observations: In a previous order dated September 29, 2025, the bench had expressed shock at the alleged trafficking of women to the ART clinic, noting prima facie evidence of exploitation.
- State’s Role: The police and health authorities had conducted raids under the Assisted Reproductive Technology (Regulation) Act, 2021, detaining several women brought from other states for surrogacy arrangements.
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Court’s Observations
The Kerala High Court made several strong remarks:
- Exploitation Concerns: The bench noted that there was prima facie evidence of women being exploited under the cover of ART services.
- Need for SIT: The Court emphasized that a Special Investigation Team was necessary to ensure impartial and thorough investigation.
- Instructions to Police Chief: The state police chief was directed to provide instructions and updates on the investigation by the next hearing date.
- Balance of Rights: The Court highlighted the need to balance the rights of women with the regulatory framework of ART services.
Wider Legal Context
- ART Regulation Act, 2021: Governs assisted reproductive technology services in India, including surrogacy, donor programs, and ART banks.
- Surrogacy Regulation Act, 2021: Provides additional safeguards to prevent exploitation of women in surrogacy arrangements.
- Judicial Oversight: Courts have increasingly intervened in cases involving surrogacy and ART practices to ensure compliance with law and protection of women’s rights.
- Past Precedents: Similar cases in other states have highlighted misuse of ART services, prompting stricter enforcement.
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Implications of the Ruling
- For Women: Strengthens protection against exploitation in surrogacy and ART services.
- For ART Banks: Reinforces the need for strict compliance with statutory regulations.
- For State Authorities: Ensures accountability of police and health officials in handling sensitive cases.
- For Judiciary: Demonstrates proactive judicial intervention in safeguarding vulnerable groups.
Industry and Expert Reactions
- Legal Experts: Welcomed the ruling as a step towards ensuring transparency and accountability in ART practices.
- Women’s Rights Groups: Applauded the decision, noting that exploitation in surrogacy arrangements has been a long-standing concern.
- Medical Community: Stressed the importance of balancing regulation with legitimate ART services that help couples facing infertility.
- Public Opinion: Many expressed shocks at reports of trafficking and exploitation, supporting the Court’s call for a SIT probe.
Conclusion
The Kerala High Court’s directive to constitute a Special Investigation Team (SIT) to probe alleged illegal surrogacy practices at an ART Bank marks a turning point in India’s regulation of assisted reproductive technology. By emphasizing the protection of women and rejecting arbitrary detentions, the Court has reinforced the principle that statutory regulation must serve justice, not exploitation.
This ruling will likely influence similar cases across India, ensuring that ART services operate within the law and that vulnerable women are safeguarded against misuse.
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