The Supreme Court has extended the jurisdiction of high courts to consider pleas for surrogacy, particularly in cases involving medical complications not originally covered by existing laws. This decision, stemming from an interim order issued in October, permits surrogacy for women facing certified medical abnormalities that hinder their ability to produce eggs.
In a recent ruling on February 5th, Justices BV Nagarathna and Augustine George Masih emphasized the importance of ensuring justice and access to legal remedies for those facing similar circumstances. They encouraged individuals in such situations to approach their respective high courts for relief, regardless of the ongoing challenges to surrogacy rules pending before the Supreme Court.
The legal landscape surrounding surrogacy has seen significant changes, particularly with amendments made last March, which restricted couples from using donor gametes. Under the revised regulations, intending couples were required to provide both egg and sperm, while single women were limited to using only donor sperm.
However, the Supreme Court’s October 18th order made exceptions for cases where women were medically incapable of producing oocytes, confirmed by district medical boards. Eight women received approval for surrogacy in October, with an additional four granted permission on February 6th.
The Supreme Court’s recent engagement with the main petition challenging surrogacy regulations under the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act signals a broader examination of these laws.
Acknowledging the practical implications of the October order, the Union government, represented by Additional Solicitor-General Aishwarya Bhati, concurred with the Supreme Court’s decision to empower high courts in accordance with the interim directive. Furthermore, the government has informed the court of an ongoing expert committee’s review aimed at potential adjustments to the existing regulations.
Read More:
