Supreme Court to Review Legal Ban on Surrogacy for Married Couples with One Existing Child
The Supreme Court has decided to examine the constitutionality of provisions in the Surrogacy (Regulation) Act, 2021, which bar married couples with a healthy biological or adopted child from accessing surrogacy. The Union government defends the ban, arguing that surrogacy is not a fundamental right and involves the use of another woman's body. However, petitioners argue that 'secondary infertility'—the inability to conceive a second child—is emotionally taxing and that the restriction infringes on reproductive choices. The court will weigh the state's interest in regulating surrogacy against the individual's desire for a second child.
Key Points
- The Surrogacy (Regulation) Act, 2021, currently restricts surrogacy to couples who have no surviving children, with certain medical exceptions.
- The government contends that surrogacy should be a last resort after other options like adoption or ART have failed.
- Petitioners argue that India has no 'one-child policy' and that the law should recognize the emotional toll of secondary infertility.
- Justice Nagarathna noted that the restriction might be reasonable given the country's burgeoning population.
Exam Facts
- The relevant law is the Surrogacy (Regulation) Act, 2021.
- Section 4(iii)(C)(II) of the Act is the specific provision under scrutiny.
- The Juvenile Justice Act, 2015, allows for the adoption of up to three children regardless of gender.
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