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.
Justice B.V. Nagarathna expressed concerns that delimitation based on population could diminish parliamentary representation for southern states, which are experiencing declining family sizes. During a hearing on surrogacy, she questioned the necessity for couples seeking to expand their families after natural conception, emphasizing personal choice and suggesting High Court alternatives.
