NEW DELHI: The Supreme Court on Tuesday decided to examine on February 11 issues over the age bar for surrogate mothers and others under the laws.
A bench of Justice BV Nagarathna and Justice Satish Chandra Sharma, which heard about 15 petitions challenging certain provisions of the Surrogacy Regulation Act and the Assisted Reproductive Technology (Regulation) Act, 2021, asked the Centre to file its written submissions in the case.
Dr Arun Muthuvel, a Chennai-based infertility specialist who is the lead petitioner, has challenged the constitutional validity of the twin laws mainly on two counts – firstly, existing provisions covering medical expenses and insurance which was inadequate, and secondly, the issues over the age bar for surrogate mothers.
Another plea challenged the law which says that the intended mother must be between 23 and 50 years of age, and the intended father must be between 26 and 55 years.
Under the Surrogacy (Regulation) Act, 2021, a woman who is a widow or a divorcee aged 35-45 years or a couple, defined as a legally married woman and man, can avail of surrogacy if they have a medical condition necessitating this option. Further, the surrogate mother must be married and 25-35 years of age, having a biological child, and only act as a surrogate once in her lifetime.
Additional solicitor general Aishwarya Bhati, representing the Centre, said she would file the written submissions and the government would abide by the apex court’s directions.
During the course of the hearing, the top court had outlined the importance of safeguarding the interests of surrogate mothers, observing the need for a robust system to prevent exploitation, especially given commercial surrogacy was prohibited in India.
“There can be a database, so that the same lady is not exploited,” the bench said. The court also discussed alternative mechanisms for compensating surrogate mothers and suggested a designated authority for disbursing payments.
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