Surrogacy industry need not be encouraged in India; will turn into billion dollar business: Delhi High Court

The Delhi High Court on Wednesday remarked that the surrogacy industry should not be encouraged in India and if the same is allowed, it will become an industry worth billions of dollars.  

A Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that changes in the surrogacy law were made at the instance of the courts and the Supreme Court had passed directions on the issue.

“It [changes to surrogacy rules] has happened at the instance of the courts. Why should the court get into all this now? This industry [surrogacy] need not be encouraged here. You [petitioners] are based in Canada. You cannot run an industry here. This will become a US$ 2.3 billion industry. This is not a case where we should be asking the government to do anything,” Acting Chief Justice Manmohan said.

The Court made the remarks while dealing with a plea filed by a couple challenging the notification dated March 14, 2023 which amended the Surrogacy (Regulation) Act 2021.

The notification banned donor surrogacy by amending the Form 2 under Rule 7 of the Surrogacy Rules, 2022.

It was the petitioner couple’s case that they are permanent residents of India and the wife has poor ovarian reserve. Therefore, the couple requested for surrogacy with oocyte donation wherein embryos were to be transferred in the uterus of the surrogate mother. The embryos were to be created from donor oocytes and sperm of the husband.

The Court was told that the couple was granted Certificate of Medical Indication for Surrogacy with Donor Oocyte in December 2022 stating that they can undergo surrogacy procedure as an advanced treatment for infertility.

But on March 14, 2023, a notification was issued to amend the surrogacy regulations banning the donor surrogacy.

The Bench considered the case and said that it will hear the matter on January 15 when similar petitions are also listed.

The petition was filed through advocates Prag Chawla and Radhika Thapar Bahl.