SC ISSUES NOTICE ON PETITION CHALLENGING SURROGACY (REGULATION) ACT PROVISIONS PRECLUDING UNMARRIED WOMEN FROM BECOMING INTENDING MOTHERS

The Supreme Court in the case X v. UoI And Anr. observed and has issued a notice in the plea, where in challenging Section 2(s) of the Surrogacy (Regulation) Act, 2021 to the extent that the same excludes unmarried women from the ambit of the definition of the 'intending woman'.

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The court stated that Section 2(s) defines 'intending woman' as 'an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy'. The petitioner who being an unmarried woman in her late 30s, and had already initiated the search for a potential surrogate mother before the legislation came into place, is now being aggrieved by certain provisions of the enactment. She has approached the Apex Court assailing Sections 2(r), 2(s), 2(zd) and 2(zg) reading with Section 4 and 5 of the Act as unconditional, illegal, void and in violation of Article 14, Article 19, Article 38 and Article 51 of the Constitution of India in as much they preclude unmarried women from embracing parenthood through surrogacy.

The present plea has been filed through Advocate-onRecord, Mr. Mayank Pandey.