Law, motherhood and the single woman: Discrimination and surrogacy in India

Syllabus: GS-I

Subject: Society and Social Justice

Topic: Issues of women

Issue: Surrogacy

Single Women Reproductive Rights:

  • The Surrogacy (Regulation) Act 2021, permits only married couples or only a woman who is a widow or divorcee to have children through surrogacy.
  • It does not allow a single, never-married woman to use surrogacy for having children.
  • The Medical Termination of Pregnancy Act, did not contain any reference to single women.
  • Single women face inequalities in reproductive rights including the right to access surrogacy, fertility treatment etc.
  • The law needs to ensure equality and enhance the reproductive rights of single women in contemporary India today.

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