Kerala High Court orders SIT probe into illegal surrogacy allegations

The Kerala High Court recently directed the police authorities to constitute a special investigation team (SIT) to probe alleged unlawful activities relating to illegal surrogacy and egg donations carried out in the state.

The instant case stems from a startling submission made before the High Court which was told that the ladies, who were found in the institution of his client, i.e., ART Bank, were ones who had responded to an advertisement that his client had carried in a newspaper. 

High Court had found that ladies were allegedly detained by Police/Health Department, who ART Bank claimed to be ‘egg donors’ who came to their institution voluntarily seeking screening and medical assistance. However, the Authorities imputed that the ART Bank was acting contrary to law and illegally; and apart from such allegations, they seem to suspect exploitation and even human trafficking.

In this backdrop a division bench of Justices Devan Ramachandran and MB Snehalatha ordered thus on December 5th, "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. We are, therefore, of the view that a special investigation team should be now constituted so that all aspects can be properly considered".

Earlier, the High Court had observed that it was not merely the angle of money/finances that bothered it, but the prima facie impression of exploitation of uneducated and naive women from other parts of the State, who were attracted into this purely by promises of money. "There is a lot of power imbalance in the situation, with such ladies having absolutely nothing, or very less command, over the situation, into which they are being pushed into; and what is more dangerous is the lack of transparency, with unscrupulous elements being able to act under the radar of law, perhaps because the Statue itself is in its nascent stage", the High Court had earlier noted.

It had earlier also said that it was aghast and shocked, assuming the facts stated before it to be true – that such tendencies are allowed in a State, where literacy is highest. "Exploitation cuts at the root of everything constitutionally guaranteed; and therefore, it becomes enjoined on us to intervene, when even a whispering semblance of the same is presented before us. Of course, what we now see is more than that, with substantial information available of the manner in which such tendencies appear to have nourished and flourished in our State", the bench had added.

Court had also stressed that provisions of the Surrogacy (Regulation) Act 2021 and that of the ART (Regulation) Act 2021, require to be permeated into the public domain effectively. "As the facts of this case alone indicate, many actions are done by individuals, institutions and even by donors, knowing that the same may not be within the parameters of law, but under a sense of impunity, coupled with avarice and concomitant exploitation. We have already dealt with these aspects in our earlier order and propose to speak no more on that at this time. However, the provisions of the afore Acts require to be well publicised; and its most essential provisions to be displayed in the various clinics, ART Banks, hospitals and surrogacy clinics, for the benefit of not only the patients, but also for those who come seeking such services..", it had added.

It had also expressed a firm view that the Principal Secretary of the Health Department of the Government of Kerala must immediately initiate steps, through appropriate means, to ensure that the provisions of the afore Acts are displayed permanently in conspicuous spaces in all clinics, ART Banks, Surrogacy Centres and Hospitals offering services under them.

Case Title: ART BANK, REP. BY ITS MANAGING DIRECTOR vs. STATE OF KERALA

Order Date: December 5, 2025