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.
The Supreme Court will examine the Surrogacy Regulation and Assisted Reproductive Technology Acts on February 11, 2025, following challenges to their provisions. Key issues include strict age limits and the exclusion of unmarried women from surrogacy. Petitioners argue that current laws are discriminatory, while the Centre maintains the need for regulation to prevent exploitation.
The Calcutta High Court permitted an elderly couple to undergo IVF, disregarding typical age limits for assisted reproductive technology. The couple, married for 30 years and seeking parenthood, argued their financial stability and readiness made them suitable candidates. This ruling sets a notable precedent for older individuals seeking IVF in India.
A Delhi High Court ruling has enabled Harbir Kaur and Gurvinder Singh to access their deceased son’s frozen semen for surrogacy after a four-year legal battle. The decision highlights the absence of explicit prohibitions in Indian law regarding posthumous reproduction, offering hope for grieving families and setting a significant legal precedent in India.
The Bombay High Court recently ruled that an egg donor in a surrogacy arrangement cannot claim parental rights, emphasizing that the 2005 Guidelines apply to surrogacies conducted before the enactment of the Surrogacy Act. The petitioner, the biological mother, was granted interim access and visitation rights to her daughters, with the court warning against emotional harm to the children.
The Bombay High Court granted two couples the right to pursue surrogacy with donor eggs, challenging the 2023 amendment to surrogacy regulations. The ruling recognized the couples’ right to parenthood, emphasizing reproductive health as a fundamental liberty. The decision sets a precedent for couples seeking alternative paths to parenthood under Indian law.
The Supreme Court of India has directed individuals seeking surrogacy to approach their respective High Courts, decentralizing decisions to provide broader access to justice. This comes amidst challenges to surrogacy laws and a recent amendment allowing individuals to seek relief closer to home. The court aims to balance reproductive rights with regulatory and ethical considerations.