The Supreme Court has acknowledged a petition challenging a provision within the surrogacy law that prohibits single unmarried women from opting for surrogacy. The bench of Justices BV Nagarathna and Ujjal Bhuyan issued notice to the Centre, seeking its response to the petition.
Representing petitioner Neha Nagpal, senior advocate Saurabh Kirpal highlighted the substantial gaps in existing surrogacy regulations, contending that they infringe upon Article 14 (equality before the law) and Article 21 (right to life and personal liberty) of the Constitution.
The Centre informed the bench, represented by Additional Solicitor General Aishwarya Bhati, that the matter concerning single unmarried women choosing surrogacy is pending before a larger bench.
Kirpal stressed the significance of addressing this matter, asserting its broader constitutional implications. Subsequently, the bench issued notice to the Centre.
The petition, advocated by Malak Manish Bhatt, emphasized Nagpal's aspiration to exercise her right to surrogacy and embrace motherhood on her own terms, free from governmental intrusion into her private life.
It highlighted Nagpal's medical condition, citing her diabetic status and age, and underscored her entitlement to reproductive rights and motherhood, even without marriage. The petition contended that the right to reproduction encompasses access to scientific advancements like surrogacy and assisted reproductive technologies.
The petition highlighted the Surrogacy (Regulation) Act, 2021, particularly section 2(1) (s), which excludes single unmarried women from the benefits of surrogacy, contrasting it with provisions allowing the same for divorced or widowed women.
It argued against the exclusion of single, unmarried women, emphasizing the arbitrary nature of the provision. The petitioner underscored the absence of restrictions on single, unmarried women adopting or having children outside wedlock, presenting a constitutional conflict.
The petition asserted that the Act's imposition of a marriage requirement on single mothers, whether divorced, widowed, or unmarried, violates privacy rights and lacks rational justification.
Emphasizing the violation of fundamental rights under Article 21, the petition contended that this provision infringes upon the right to a meaningful family life, integral to an individual's physical, psychological, and emotional well-being. It concluded that restricting surrogacy to divorced and widowed women infringes upon Articles 14 and 21 of the Constitution.
