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

The Kerala High Court has directed the constitution of a special investigation team (SIT) to investigate alleged illegal surrogacy practices linked to ART Bank. The matter arose from a writ petition filed by the ART Bank against the State Police Chief, the Health Department, and other authorities, challenging certain actions taken in relation to women who had voluntarily approached the institution for medical screening but were reportedly taken into custody.

The Court had earlier expressed serious concern over prima facie indications of exploitation masked as assisted‑reproductive services. It observed possible human‑trafficking elements associated with the ART clinic’s operations, prompting heightened judicial scrutiny. On reviewing recent developments, including a police report, the Court noted detection of various unlawful activities, such as online advertisements offering remuneration for egg donation and surrogacy, and cases where women were allegedly lured under false pretences. The Court concluded that a comprehensive, dedicated investigation was necessary to address these serious allegations.

The High Court directed the Government Pleader to obtain instructions from the State Police Chief for constituting the SIT. The Court emphasized that police and other authorities could proceed with the investigation without waiting for formal orders from the Judicial First Class Magistrate, except where judicial intervention is specifically required by law. The SIT is expected to examine all aspects of the case impartially, with the investigation subject to the Court’s supervision.

This decision underscores the Court’s insistence on a thorough probe into alleged exploitation, coercion, and potential human‑trafficking under the pretext of medical or surrogacy services. The Court highlighted the urgency of systemic action to protect women who may be vulnerable to such illegal practices and to ensure accountability for those responsible. The order reflects the High Court’s proactive approach in safeguarding rights and preventing misuse of reproductive and medical services.