Fact

In the case of H Siddaraju v. Union of India, a Bengaluru-based couple who lost their 23-year-old son in an accident in 2022 filed a lawsuit against the Union of India. After his passing, his parents, who were 57 and 46, became annoyed. The couple later discovered surrogacy. The mother couldn’t take part in the surrogacy procedure though since she had surgery to remove her uterus. As a result, the sister-in-law of the husband consented to contribute her eggs, and a close family friend offered to act as a surrogate mother. The father’s advanced age and the surrogate mother’s lack of genetic affinity prevented them from realising their ambition of having a biological child, though. The Surrogacy (Regulation) Act, 2021 forbids couples from choosing surrogacy, hence the Karnataka High Court has developed a triple test.

What is a Triple test 

The three tests laid down by Justice M Nagaprasanna are the Genetic Test, the Physical Test and the Economic Test. 

Regarding the genetic test, the court pointed out that in terms of medicine, an embryo requires a healthy egg and sperm Because sperm contain the genetic material needed to create a new individual, it is crucial to test the sperm’s strength. Men over the age of 35 to 40 often see a decline in sperm quality, according to medical research. The judge emphasised that the petitioner would need to undergo the genetic test to determine the sperm’s health because he is now 57 years old.

Regarding the physical test, the intended couple must be able to care for the child and they cannot leave the youngster alone. This is not acceptable. The couple must therefore be physically capable of managing the child, not necessarily in the literal sense of being able to carry the child everywhere.

In terms of the Economic Test, the intended parents must be financially stable and should not place the kid in poverty from the moment of birth.

Judgement 

After the couple demonstrated that they could pass each of the three criteria outlined in this judgement, the Court eventually ordered the authorities to reexamine the couple’s application.