Delhi High Court seeks Central government's response on plea challenging laws on Surrogacy and Reproductive Technology

The Delhi High Court on Friday issued notice to the Central government on a petition challenging the constitutional validity of provisions of the Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021..A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta noted that the matter requires consideration and asked the Central government to file its response within six weeks. The matter will now be considered on November 19. .The petition has been filed by Karan Balraj Mehta and Dr Pankhuri Chandra through advocate Aditya Samaddar.While Mehta is a single unmarried man and an advocate by profession, Chandra is a married woman teaching Psychology in a private school. Both want to be parents through surrogacy.The petition argued that 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.Only commercial surrogacy option is available to Mehta and Chandra as they are unable to obtain consent from a woman who fulfils the rigours of the eligibility of a surrogate mother, the plea said. .Mehta and Chandra argued that according to the new acts only a married woman between the age of 25-35 years and having at least one biological child is permitted to be a surrogate.The woman also has to be genetically related to the ‘intending couple’ according to the new Act, the petition 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,” read the petition.It added,“The needless conditions of being genetically related, of a particular age, married and already having at least one child only constrict the universe of available candidates who may otherwise become healthy surrogate mothers.”.The petition further said that Section 2 (s) of the Surrogacy (Regulation) Act, 2021 defines “intending woman” as “an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy”.Therefore, both the petitioners are ineligible to avail the benefits of surrogacy because while Mehta is a single man, Chandra is a married woman who is barred from availing the provisions because she does not have any medical conditions, is not a widow or divorcee between the age of 35 to 45 years..The petitions have, therefore, challenged the Sections 2(e), 14(2), 21, 27(3) and 31(1) of the Assisted Reproductive Technology (Regulation) Act, 2021 as well as Sections 2(h), 2(s), 2(r), 2(zd),2(zg), 4(ii)(a), 4(ii)(b) and 4(iii), 4(II)(C),8 and Section 38(1)(a) of the Surrogacy 57 (Regulation) Act, 2021. The plea said that these provisions are ultra vires of the constitution and violate Article 14 and 21 and also in the teeth of international covenants.