Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Surrogacy and Assisted Reproductive Technology (Regulation) Acts of 2021.
Context:
The Supreme Court of India has reserved its verdict on petitions challenging age restrictions in the Surrogacy and Assisted Reproductive Technology (Regulation) Acts of 2021, particularly in cases where the surrogacy process began before these laws came into effect.
Key Takeaways:
The Case Before the Supreme Court Petitioners’ arguments:
- Couples began fertility procedures before law came into force (Jan 2022).
- The age bar retroactively disqualifies them mid-process.
- For example, a couple aged 62 and 56 lost their child in 2018; failed embryo transfers in 2022; disqualified due to a new age cap.
- Violation of Article 14 (Right to Equality): arbitrary classification.
- Violation of Article 21: infringement on reproductive autonomy and personal liberty.
- No grandfather clause for transitional protection in law.
- Broader issues raised: Exclusion of unmarried single women from eligibility is arbitrary. The law’s narrow definition of “single women” is under constitutional challenge, though not part of current petitions.
Supreme Court’s Observations and Governments of India:
Conclusion:
The Supreme Court’s forthcoming verdict will be crucial in determining how laws regulating assisted reproduction balance medical ethics, legislative intent, and individual reproductive rights. It may also set a precedent for future legal treatment of transitional scenarios and personal autonomy in health-related legislation.
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