SC seeks govt reply in plea against Surrogacy Act on unmarried women

NEW DELHI:  The Supreme Court recently sought Centre’s response in a plea challenging the provision of the Surrogacy (Regulation) Act, 2021 to the extent it excludes unmarried women from the ambit of the definition of ‘intending woman’.

The term includes Indian women who is a widow or divorcee between the age of 35 to 45 years and who intends to avail of surrogacy. A bench of justices Ajay Rastogi and Bela M Trivedi issued notice in the plea by an unmarried woman in her late 30s. The order said, “Issue notice on the prayer for interim relief as well as on the writ petition. Let a copy of the petition be made available to the office of Aishwarya Bhati, learned Additional Solicitor General who is appearing in the case.”

The woman in her plea had argued that restraints on unmarried or single women to access the benefits of surrogacy that fall foul of Article 14 of the Constitution -- the right to equality. The plea also said that such a provision impinges on a woman’s right to exercise autonomy and control over her reproductive decisions.

“The legislature has failed to incorporate the recommendations given by the Law Commission in its report titled ‘Need for legislation to regulate  assisted reproductive technology clinics as well as rights and obligations of parties to a surrogacy. The report recognises the right of an unmarried woman to be an intending mother,” the plea stated.