SC Issues Notice To Centre On Plea Challenging Provision To Prevent An Unmarried Woman From Availing ‘Surrogacy

The Supreme Court on Tuesday has issued notice to the Centre on a plea challenging the surrogacy provisions, which prevent an unmarried woman from availing surrogacy.
A bench comprising of justices BV Nagarathna and Ujjal Bhuyan asked the Centre to file a reply to the plea.

The petitioner was represented by Senior Advocate Saurabh Kirpal. The writ petition was filed by one lawyer Neha Nagpal challenging Section 2(1)(s) [defines “intending woman”] of the Surrogacy (Regulation) Act, 2021 in so far as it prevents an unmarried woman (not widowed or divorced) to avail of surrogacy.

Further, it challenges Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022. She also challenged the Amendment Notification dated 14.03.2023 which states that a single woman (only widow/divorcee) undergoing Surrogacy must use self-eggs to avail of surrogacy procedure. Petitioner Neha Nagpal (single unmarried), woman lawyer has also frozen here eggs in December 2022.

Her petition also challenged the intelligible difference between unmarried and divorced or unmarried women, as both classes of women are single and if they were allowed to avail surrogacy, they would be single mothers.

The petitioner stated that even there is no rational nexus of such classification with the object of the Act, as the object of the Surrogacy Act is to create a framework of boards & authorities to regulate surrogacy procedures, the prevention of potential exploitation of surrogates, and protection of the rights of the child born through surrogacy.

The petitioner stated, “Thereby, the writ petition prays for a relief to set aside the notification dated 14.09.2023 and certain provisions of the Surrogacy (Regulation) Act, 2021 being violative of Article 14 and 21 of the Constitution.”