"Shocked": Kerala High Court Seeks Action Taken Report On Possible Exploitation Of Vulnerable Women For Surrogacy

The Kerala High Court has sought an Action Taken Report from the State Government on possible exploitation of vulnerable women for surrogacy and eggs.

The Court was considering a Writ Petition concerning detention of several women by Police/Health Department, claimed to be ‘egg donors’ by Petitioner- ART Bank.

The bench of Justice Devan Ramachandran observed, "Suffice to say, we are aghast and shocked – assuming the facts stated before us to be true – that such tendencies are allowed in a State like ours, 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 Court prima facie remarked that it is "shocked" by the factual matrix of the case highlighting possible exploitation of women for surrogacy and eggs.

While the Petitioner maintained its stance of the women in question being donors, the Authorities imputed that the Petitioner is acting contrary to law and illegally; and apart from such allegations, they are suspecting exploitation and even human trafficking.

All the ladies are stated to be from places far away from Kerala; and that, after they were taken into custody from the Petitioner’s premises, were housed in the ‘Santhi Bhavan’ – which is a shelter home run by the Government of Kerala.

Counsel for the shelter home brought to Court's notice that there were various attempts by vested interests to influence the ladies and even to threaten them. She pointed out that the ladies in question appear to have been brought to Kerala, persuaded to be either surrogant mothers in future, or egg donors, purely by the lure of the lucre

She pointed out to the advertisements produced both by the Respondents and by the Petitioner, to assert that there is a wide spread attempt, to mislead couples to take treatment and finally get entangled into the web being run by several interests, including entities like the petitioner, clinics and such other. She, however, hastened to add that this is not a general statement and that there may be institutions and systems which are operating as per law; but that, since the amount involved is very high and substantial, several questionable and confutative tendencies are now arising.

"It is not merely the angle of money/finances that presently bothers us, but it is the prima facie impression of exploitation of uneducated and naive women from other parts of the State, who are 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 Court stated.

It noted that it is shocked to know that such tendencies are allowed in a State like Kerala, 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 Court remarked.

The Court accordingly adjourned the matter to October 10, 2025.

Cause Title: ART Bank v. State Police Chief Of Kerala

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