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A plea filed challenging the bar on unmarried women to avail surrogacy benefits: SC seeks response form center

Last Updated on December 6, 2023 by News Desk

Issue:- A plea was filed that challenged various regulations under the Surrogacy Act of 2021 and the Surrogacy Rules 2022, which had excluded unmarried women from availing the option of having children through surrogacy.

Analysis – A bench comprised of Justice B.V Nagarathna and Justice Ujjal Bhuyan issued a notice concerning the plea.

The petition was filed by a practicing lawyer, whereby she had argued that she possessed the right to reproduction and motherhood even without being married.

It was pointed out in the plea that the SC through various decision have emphasized the right of reproduction as well as motherhood.

She argued that such rights extend not only through the natural methods of conception but also through various developments in medical science that help in realizing the right of reproduction, such as assisted reproductive technologies and surrogacy.

She pointed out that section 2(1)(s) of the surrogacy has put a bar on unmarried women to avail the benefits under the surrogacy act, but the same has been allowed for divorced or widowed women.

She said that such a provision highlights arbitrariness and irrationality since in all these cases, the woman will be a single mother.

These provisions violate the right to reproduction, the family right, and the right to privacy, which are the fundamental facets under Article 21 of the Indian constitution.

A challenge was also raised in section 2(1)(zg) and paragraph 1(d)(ii) of form 2 of the surrogacy rules of 2022, whereby the use of donor eggs by a single woman has been prohibited and she has to use only the self-eggs.

It was highlighted that this is a violation of the right to a meaningful family life of the woman.

Case Title:- Neha Nagpal alias Neeha Nagpal vs. Union of India and ors. W.P (C ) No. 1316/2023

Written By– Shianjany Pradhan (@SHIANJANYPRADHAN)

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