Recently, the Surrogacy (Regulations) Act, 2021's Section 2(1)(s), which prohibits single women from serving as surrogate mothers, was challenged in court, and the Supreme Court requested the Central government's opinion in the matter. According to the section that is being contested, an Indian woman can only be considered a "intending woman" for surrogacy if she is a widow or divorcee and between the ages of 35 and 45. A 44-year-old single woman filed the plea, arguing that the clause violates the petitioner's fundamental rights under Articles 14 and 21 and is "highly irrational, unlawfully discriminatory, and violative." HC on Surrogacy: Notification Barring Use of Donor Gametes in Surrogacy Violates Surrogacy and ART Acts, Says Delhi High Court.
SC on Plea Against Surrogacy Act
You decided not to marry: Supreme Court on plea by 44-year-old unmarried woman challenging Surrogacy Act and Rules
— Bar & Bench (@barandbench) February 11, 2024
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