Supreme Court Examines Legality of Surrogacy Restrictions for Couples with One Existing Child
The Supreme Court is reviewing the Surrogacy (Regulation) Act, 2021, specifically Section 4(iii)(C)(II), which restricts surrogacy to couples who do not have any surviving child. A couple facing 'secondary infertility' challenged this, arguing it violates their reproductive choices. Currently, exceptions are only made if the existing child has a life-threatening disorder or is mentally/physically challenged. The government argues surrogacy is not a fundamental right and involves the use of another woman's body. The Court is considering whether these restrictions amount to an unreasonable limitation on the reproductive autonomy of citizens.
Key Points
- Section 4(iii)(C)(II) of the Surrogacy Act 2021 restricts surrogacy to childless couples.
- Secondary infertility refers to the inability to conceive after previously birthing children naturally.
- The Court recently relaxed age specifications for surrogacy for couples with frozen embryos.
- The legal debate centers on balancing the prevention of commercial surrogacy against individual reproductive rights.
Exam Facts
- Surrogacy (Regulation) Act, 2021
- Section 4(iii)(C)(II) of the Surrogacy Act
- Assisted Reproductive Technology (ART) Act
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