The Court said that the government notification does not disclose any rational justification for discriminating between citizens based on their ability to produce gametes.
The Court passed the ruling on petitions by three couples who had crossed the upper age limit specified in the Surrogacy Act, but had begun the process of surrogacy before it was enacted.
The Court noted that women from the most vulnerable sections of society, often with little education or support, are lured into providing ART services with the promise of money.
The Court observed that no sane married woman would enter into such an arrangement and it appeared that the illegal agreement was executed to exploit the complainant's poor financial condition
The need of the hour is to bring about a legal framework that regulates commercial surrogacy in India and reasonably protects the rights of all stakeholders involved in the process.
Hence, it granted visitation rights to the mother of two children while ruling that her younger sister, who was the egg doner, cannot claim to be the biological mother.
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