Delhi HC asks for government stance on advocacy against provisions of surrogacy law | Latest India News

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Commercial surrogacy refers to an arrangement in which the surrogate mother is compensated for her services beyond the reimbursement of medical expenses.

The Delhi High Court on Friday demanded the Centre’s response to a plea challenging the provisions of surrogacy laws on the grounds that they prevent single men and married women from opting for surrogacy as a choice. reproductive.

A bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta was hearing a plea from Karan Balraj Mehta, a single man, and Dr. Pankhuri Chandra, a married woman and mother of one child, when he said that the case required “consideration” and granted the Center six weeks to submit its response.

In their petition filed through lawyer Aditya Samaddar, the duo claimed that commercial surrogacy is the only option available to them, but that “the ban on commercial surrogacy deprives them of of this option”.

Commercial surrogacy refers to an arrangement in which the surrogate mother is compensated for her services beyond the reimbursement of medical expenses.

Challenging the constitutionality of various provisions of the Assisted Human Reproduction (Regulation) Act 2021 and the Surrogacy (Regulation) Act 2021, the petitioners claimed that the laws were discriminatory as they could not avail themselves of surrogacy as a reproductive choice, and in violation of Articles 14 (equality) and 21 (protection of life and liberty) of the Constitution.

“A single person’s personal decision regarding the birth of a baby by surrogacy, i.e. the right to reproductive autonomy, is one facet of the right to privacy guaranteed by Article 21 of the Constitution. Thus, the privacy right of every citizen or individual to be free from unwarranted governmental intrusion in matters fundamentally affecting the decision to bear or father a child through surrogacy cannot be taken away,” said the petitioners.

The plea also argued that the best eligibility criteria to maximize the chances of finding the best surrogate would be any healthy woman over the age of majority and “unnecessary conditions of being genetically related, of a certain age, married and already having at least one child restricts the universe of available candidates who might otherwise become healthy surrogate mothers”.

The bench scheduled the case for a rehearing on November 29.

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