Rude jolt after good news for Nayanthara, Vignesh: Surrogacy under Tamil Nadu government scanner

Tamil Nadu Health Minister Ma Subramanian said that the Directorate of Medical Services would look into this purported case of surrogacy.

BySumit Jha

Published Oct 10, 2022 | 9:28 PMUpdatedOct 10, 2022 | 9:31 PM

Surrogacy

A day after popular actor Nayanthara and her husband, director Vignesh Shivan, posted pictures of their twin babies on social media, Tamil Nadu Health Minister Ma Subramanian on Monday, 10 October, said that the Directorate of Medical Services would be asked to look into whether rules were followed in their purported case of surrogacy.

The health minister said as much while responding to a question posed by a reporter about how the couple could opt for surrogacy within four months of their marriage.

Why is it an issue?

For them to have their own children, the celebrities must have conceived through surrogacy.

However, that would be governed by the new Surrogacy (Regulation) Act of 2021, which came into effect on 25 January.

According to this Act, a “couple” is defined as an Indian man and woman above the age of 21 and 18 respectively, who are legally married.

An “intending couple” is defined as one that wants to become parents through surrogacy, and there is also medical evidence that necessitates gestational surrogacy.

The married couple should be aged 25-50 for the women and 26-55 for the men.

However, the issue in the case of Nayanthara and Vignesh is that they were married just four months ago, and the kids might be surrogates from when they were not married.

The new law also doesn’t allow commercial surrogacy.

 

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A post shared by Vignesh Shivan (@wikkiofficial)

Other factors of significance

There might also be the possibility that Nayanthara, as a single woman, or Nayanthara and Vignesh, as partners, could have approached a medical clinic seeking surrogacy prior to the Act coming into effect, when commercial surrogacy was allowed and there were no laws governing the issue.

“The matter is at the initial stage. It may have taken place before the commencement of the Act,” Hari G Ramasubramanian, an advocate at the Indian Surrogacy Law Centre in Chennai, told South First.

He added that there is a provision in the act that gives a window for the gestation period.

“There is the possibility that the process could have taken place much earlier. On the face of it, it is close to the deadline. I don’t think we can come to the conclusion that it could have gone wrong on the basis of suspicion,” said Hari.

The wedding of Nayanthara and Vignesh Shivan, on 9 June at ECR near Chennai, was a grand affair. It was attended by the who’s who of the film world, including Bollywood superstar Shah Rukh Khan.

Netflix is set to release a documentary titled “Nayanthara: Beyond a fairy tale” based on the life and love story of the Tamil “Lady Super Star”.