Centre opposes a HC petition challenging Surrogacy Law

A petition contesting specific aspects of the surrogacy legislation, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, was opposed by the Center before the Delhi High Court.

the CASE

  • One of the clauses being contested is the prohibition on using surrogacy as a reproductive option for unmarried men and married women who are expecting a child.
  • It contested the outlawship of corporate surrogacy.
  • The petitioners claim that the only other option open to them is commercial surrogacy in their argument.

Invoking Article 21

One aspect of the right to privacy protected by Article 21 of the Constitution is the individual decision of one person to have a child through surrogacy, or the right of reproductive autonomy.

Therefore, the petition argued, the right influencing a decision to conceive or beget a child through surrogacy cannot be removed.

According to the rule

  • A married couple may only choose surrogacy on medical grounds, according to the Surrogacy (Regulation) Act of 2021.
  • According to the legislation, a couple consists of a married Indian “man” and “woman,” with the lady having to be between the ages of 23 and 50 and the guy having to be between the ages of 26 and 55.
  • A child of their own shouldn’t be born to the pair.
  • Despite the fact that surrogacy is legal for unmarried women, they must be between the ages of 35 and 45 and be either widows or divorcees.
  • The law prohibits unmarried men from becoming surrogates.

Features of the Surrogacy (Regulation) Act, 2021

  • It describes surrogacy as a procedure where a woman bears a child for an intending couple with the purpose of giving the kid to the intending couple after the delivery.
  • regulating surrogacy: Altruistic surrogacy, which pays the surrogate mother nothing except for medical costs and insurance, is permitted but commercial surrogacy is outlawed.
  • Surrogacy is legal for the following purposes: Surrogacy is legal if it is used for the following reasons: I intended couples with documented infertility; (ii) charitable causes; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.
  • The intended pair must possess “certificates of essentiality” and “certificates of eligibility” issued by the relevant body, such as the District Medical Board.

Eligibility criteria for surrogate mother:

  • The surrogate mother must meet the following criteria in order to receive a certificate of eligibility from the relevant agency:
  • a married woman with her own child;
  • age range of 25 to 35;
  • She will only ever be a surrogate once; and
  • hold a certificate proving your physical and mental health for surrogacy.
  • Additionally, the surrogate mother is unable to donate her own gametes for the procedure.
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