New Delhi: The Supreme Court on Friday agreed to examine a plea challenging the provision of the Surrogacy (Regulation) Act, 2021. The provision forbids a married couple from having a child if they have a surviving child biologically or through adoption or surrogacy earlier.
The petition, filed by advocate Mohini Priya, argues that this provision is irrational and discriminatory. It is alleged to violate the reproductive rights of a woman, guaranteed under Article 21 of the Constitution. The petition further says that the law fails to consider cases of secondary infertility, a most seen form of infertility today.
The petitioners, a married couple with one biological child, wish to have a second child through surrogacy. The woman developed secondary infertility after her first delivery, making it life-threatening for her to conceive a child naturally or through IVF.
A bench of Supreme Court comprising Justices B.V. Nagarathna and Augustine George Masih has issued a notice asking the Centre to file its reply to the plea. The plea filed by the couple challenged the constitutional validity of Section 4(iii)(C)(II) of the surrogacy law which restricts a married couple to have a second child through surrogacy.
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