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Man challenges exclusion from surrogacy

Hindustan Times Haryana

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April 26, 2025

THE TOP COURT ISSUED NOTICE ON THE PETITION AND SOUGHT RESPONSE FROM THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE

- Abraham Thomas

NEW DELHI: A 45-year-old divorced dental surgeon from Karnataka has approached the Supreme Court challenging provisions of the Surrogacy (Regulation) Act, 2021 that exclude single men from accessing surrogacy services, a first-of-its-kind petition that contended parenthood was not a privilege conferred upon a particular gender.

A bench comprising Justice BV Nagarathna and Justice KV Viswanathan issued notice on the petition and sought response from the Union ministry of health and family welfare.

The next hearing date was unscheduled.

The petitioner, represented by advocate Mohini Priya, contended that the current law permits divorced women aged 35-45 to access surrogacy while denying the same right to divorced men, creating what he terms an "arbitrary classification" with no rational basis.

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