Surrogacy: The Supreme Court issued a notice to the Centre following a plea challenging surrogacy provisions that prohibit unmarried women from accessing surrogacy services.The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, directed the Centre to respond to the petition represented by Senior Advocate Saurabh Kirpal.Challenge to Surrogacy LawsThe writ petition, filed by lawyer Neha Nagpal, contests Section 2(1)(s) of the Surrogacy (Regulation) Act, 2021, which restricts unmarried women (not widowed or divorced) from opting for surrogacy. The challenge also extends to Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022.Moreover, the petitioner disputes the Amendment Notification dated 14.03.2023, specifying that single women (only widow/divorcee) undergoing surrogacy must use self-eggs.Neha Nagpal, an unmarried lawyer who froze her eggs in December 2022, contends that the distinction between unmarried and divorced/unwidowed women lacks rational justification. Both categories of women, if allowed surrogacy, would be single mothers.The petitioner argues that such classification lacks a rational nexus with the Surrogacy Acts objective, which aims to regulate surrogacy procedures, prevent exploitation of surrogates, and protect the rights of children born through surrogacy.The writ petition seeks relief to set aside the notification dated 14.09.2023 and certain provisions of the Surrogacy (Regulation) Act, 2021, being violative of Article 14 and 21 of the Constitution, stated the petitioner.The Supreme Courts notice signals a potential review of surrogacy laws, particularly concerning the eligibility criteria for unmarried women, addressing constitutional concerns raised by the petitioner.
