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 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.
The exclusion of queer and transgender persons from availing surrogacy amounts to discrimination on the ground of gender identity and sexual orientation, a transwoman and activist has argued before th ...
The top court issued notice in a plea challenging the constitutionality of Section 2(1)(s) of the Surrogacy (Regulation) Act, 2021, which excludes unmarried women from becoming surrogate mothers.