The Supreme Court has agreed to review whether prohibiting married couples facing secondary infertility from opting for surrogacy to have a second child violates their fundamental reproductive rights, raising key questions on personal choice and family autonomy in India.
New Delhi: The Supreme Court decided to review whether a law prohibiting married couples experiencing secondary infertility from using surrogacy for a second child constitutes an infringement on the reproductive rights of citizens.
According to the law, couples with any surviving child whether biological, adopted, or conceived through surrogacy are not permitted to pursue surrogacy for another child.
However, exceptions exist if the surviving child has a mental or physical disability, or suffers from a life-threatening condition with no permanent cure.
In such cases, couples may seek surrogacy for a second child by obtaining a medical certificate from a district medical board and receiving approval from the relevant authority.
During the proceedings, Justices BV Nagarathna and R Mahadevan acknowledged the arguments presented by a lawyer representing a couple dealing with secondary infertility. Justice Nagarathna noted that the imposed restriction was “reasonable” given the country’s increasing population.
The lawyer contended that government intervention in the private lives and reproductive decisions of citizens is inappropriate. She further argued that the definition of ‘infertility’ related to surrogacy in both the Assisted Reproductive Technologies Act and the Surrogacy Act should not be limited to primary infertility alone.
Surrogacy in India is governed by the Surrogacy (Regulation) Act, 2021, which came into effect on January 25, 2022. The law was enacted to prevent the misuse and commercialisation of surrogacy while ensuring ethical medical practices.
All surrogacy clinics and ART (Assisted Reproductive Technology) centres must be registered with the appropriate authority under the Act.
The law also mandates the creation of a National Surrogacy Board and State Surrogacy Boards to monitor and regulate surrogacy practices across the country.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
