The complaint, filed by lawyer Varsha Deshpande yesterday, alleged that the child's gender had been determined before birth, thereby violating the sections of the Act.
The 47-year-old actor's third child was born to a surrogate mother recently at a private hospital, the complaint said and claimed that gender testing was banned under the Act.
The lawyer said she had earlier filed a complaint with health department of Brihanmumbai Municipal Corporation (BMC) following media reports about a child being born to the couple through surrogacy amidst allegations that gender test had been conducted.
Soon thereafter, civic officials visited the actor's house on June 17 to ascertain the facts.
However, the team was sent away and the actor had rubbished allegations that the provisions of the Act had been violated.
The complainant alleged that the civic officials had failed to take action against the couple and hence she moved the magistrate's court with a fresh complaint.
Additional Chief Metropolitan Magistrate Uday Padwad has fixed the matter for hearing on September 12.
Meanwhile, the court has issued notices to the couple, civic health officials and other respondents.
Spotted: Virat Kohli, Anushka Sharma and other celebs at Mumbai airport
Photos: Salman Khan's 'special friend' Iulia Vantur at a song launch
Photos: Hrithik Roshan, Anushka Sharma, other celebs dazzle at event
In Pictures: Sex scandals involving Indian politicians
Photos: Abhishek Bachchan and Farah Khan at Boman Irani's birthday bash