Kerala High Court Calls For SIT Probe Into Alleged Illegal Surrogacy Practices By ART Bank

The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha was considering a writ petition filed by ART Bank against the State Police Chief, Health Department officials, and others alleging that women who had voluntarily visited the petitioner's institution for medical screening were illegally taken into custody by the police and the Health Department.

The Bench had previously in order dated 29 September, expressed shock at the alleged trafficking of women to the ART clinic noting that there was prima facie indication of exploitation under the guise of ART services.

Subsequently, in an order dated 17 October the Court had underlined the importance of publicising essential provision of the Surrogacy (regulation) Act 2021 and that of the ART (Regulation) Act 2021 for the benefit of people seeking such services.

When the matter was taken up yesterday, the Government Pleader submitted a report of the State House Officer of Kalamassery Police Station which stated that the concerned authorities have filed a complaint before the Judicial First Class Magistrate and are awaiting orders from the Court to commence the investigation.

The Report further stated that various unlawful activities like online advertisements offering remuneration, inducing victims for egg donation and surrogacy etc, have been detected through which the victims have been lured.

The Court noted that orders dated 17 October 2025, read along with the order dated 29 September, prepared grounds for the investigating officers and hence opined that a Special Investigation must be constituted to consider all the aspects of the investigation.

“We have little doubt that the investigation must be conducted strongly and that the Police and the authorities need not wait for orders from the Judicial Magistrate of the First Class for such purpose, except with respect to the aspects that have been impelled before it.” Court noted

The Court thus directed the government pleader to obtain instruction regarding the constitution of the Special Investigation Team from the State Police Chief.

The matter is posted for further consideration on 10 December

Case Title: ART Bank v State Police Chief of Kerala and Ors.

Case No: WP(Crl.) 1035/ 2025

Counsel for Petitioner: Gikku Jacob

Counsel for Respondents: Sunil Nath, Ferha Azeez, Sreerag Shylan, Devananda S, Sandhya Raju