Noting that the matter requires consideration, a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta asked Centre to file its response within six weeks
The Central government was on Friday issued a notice by the Delhi High Court on a plea challenging the constitutional validity of provisions of the Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021.
Noting that the matter requires consideration, a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta asked Centre to file its response within six weeks, Bar and Bench reported.
Karan Balraj Mehta and Dr Pankhuri Chandra have filed the petition through advocate Aditya Samaddar. Mehta is a single unmarried man and an advocate by profession, while Dr Chandra is a married woman teaching Psychology in a private school. Both of them want to be parents through surrogacy. The matter will next be heard on 19 November.
The plea stated that The certain sections of the two statutes under challenge prohibit all forms of commercial surrogacy and allows only altruistic ones. Therefore, it robs the petitioners of the option of having children through surrogacy, as per the report.
Mehta and Chandra only have commercial surrogacy as the option available as they are unable to obtain consent from a woman who fulfils the rigours of the eligibility of a surrogate mother, the plea said.
“The limitations imposed on who can be a surrogate mother in terms of Section 2 (zg) read with Section 4 (iii)(b)(I) of the Surrogacy (Regulation) Act, 2021, limit the options available to an ‘intending couple’ or ‘intending woman’ and diminish their chances of finding a consenting surrogate mother,” the petition read.
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