Restoring rights of biological mothers in surrogacy: SC intervention and legal challenges
The Supreme Court has intervened in India's surrogacy laws to address the rights of biological mothers, particularly concerning the use of donor gametes. The court's observations highlight the challenges faced by couples seeking surrogacy due to restrictive regulations and the need for a more inclusive framework. The Surrogacy (Regulation) Act, 2021, and its subsequent rules have been criticized for creating barriers, especially for those unable to produce their own gametes. The SC's stance emphasizes the right to parenthood under Article 21, pushing for amendments that balance ethical considerations with the fundamental rights of individuals.
Key Points
- The Supreme Court is addressing the rights of biological mothers in surrogacy, especially regarding donor gametes.
- Existing surrogacy laws, like the Surrogacy (Regulation) Act, 2021, are criticized for being overly restrictive.
- The SC emphasizes the right to parenthood under Article 21, advocating for more inclusive regulations.
- The legal framework needs to balance ethical considerations with the fundamental rights of individuals seeking surrogacy.
Exam Facts
- The Surrogacy (Regulation) Act, 2021, governs surrogacy in India.
- The Surrogacy (Regulation) Rules, 2022, further detail the regulations.
- Article 21 of the Constitution protects the right to life and personal liberty, including the right to parenthood.
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