A single unmarried male and a married lady filed a petition claiming that the laws are discriminatory against them and thereby violate the Constitution and international covenants.
The Delhi High Court served notice on the Central government on Friday in response to a suit challenging the constitutional validity of the Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021.
Acting Chief Justice Vipin Sanghi and Justice Sachin Datta of a Division Bench remarked that the matter needed to be considered and urged the Central government to respond within six weeks.
On November 19, the topic will be discussed.
Karan Balraj Mehta and Dr Pankhuri Chandra filed the petition with the help of advocate Aditya Samaddar.
Chandra is a married lady who teaches Psychology in a private school, whereas Mehta is a single unmarried man who works as an advocate. Surrogacy is a way for both of them to become parents.
According to the petition, certain provisions of the two challenged legislation prohibit all types of commercial surrogacy and only allow altruistic surrogacy. As a result, the petitioners are no longer able to have children through surrogacy.
The only option accessible to Mehta and Chandra is commercial surrogacy because they are unable to secure consent from a woman who meets the rigours of surrogate mother eligibility, according to the petition.
Only a married woman between the ages of 25 and 35 who has had at least one biological kid is permitted to be a surrogate, according to Mehta and Chandra.
According to the new Act, the lady must also be genetically connected to the ‘intending pair,’ according to the petition.
“The limitations imposed on who can be a surrogate mother in terms of Section 2 (zg) read with Section 4 (iii)(b)(I) of the Surrogacy (Regulation) Act, 2021, limit the options available to an ‘intending couple’ or ‘intending woman’ and diminish their chances of finding a consenting surrogate mother,” The Petition Stated
The needless conditions of being genetically related, of a particular age, married and already having at least one child only constrict the universe of available candidates who may otherwise become healthy surrogate mothers.”Further The Petition added
According to the petition, “an Indian woman who is a widow or divorcee between the ages of 35 and 45 years and who intends to avail surrogacy” is defined as “an Indian woman who is a widow or divorcee between the ages of 35 and 45 years and who intends to avail surrogacy” under Section 2 (s) of the Surrogacy (Regulation) Act, 2021.
Both petitioners are therefore ineligible to get surrogacy benefits since, while Mehta is a single male, Chandra is a married woman who is prevented from receiving the benefits because she does not have any medical issues and is not a widow or divorcee between the ages of 35 and 45.
The Assisted Reproductive Technology (Regulation) Act, 2021, Sections 2(e), 14(2), 21, 27(3), and 31(1), as well as the Surrogacy 57 (Regulation) Act, 2021, Sections 2(h), 2(s), 2(r), 2(zd), 2(zg), 4(ii)(a), 4(ii)(b), 4(iii), 4(II)(C),8 and Section 38(1)(a), are challanged
These laws, according to the plea, are extra vires of the constitution, violating Articles 14 and 21, as well as international accords..