Bombay High Court Rules on Surrogacy Laws for Single Parents
- ByAdmin --
- 29 May 2025 --
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The Bombay High Court recently addressed the critical issue of surrogacy rights for single parents, highlighting gaps in India’s current legal framework. The Court referred a case involving a divorced woman seeking surrogacy to the Supreme Court, underlining the need for clarity and reform regarding surrogacy for single individuals.
Background of the Case
A 36-year-old divorced woman who had undergone a hysterectomy approached the Bombay High Court seeking permission to avail surrogacy services. Since she was unable to conceive naturally and did not fit into the existing criteria set by the Surrogacy (Regulation) Act, 2021, her petition raised a legal challenge about the rights of single parents in surrogacy arrangements.
The Bombay High Court noted that the current legislation restricts surrogacy to legally married couples and excludes single individuals. As a result, the Court directed the petitioner to approach the Supreme Court for a detailed interpretation of the law and possible extension of surrogacy rights to single parents.
Legal Framework
- Surrogacy (Regulation) Act, 2021: The Act regulates surrogacy in India and allows only altruistic surrogacy for “intended couples,” defined strictly as legally married men and women. It permits widows and divorcees to seek surrogacy only if they are between 35 to 45 years old and have no surviving biological or adopted children.
- The Act explicitly excludes single individuals, such as unmarried persons or single parents, from accessing surrogacy.
- The Act also prohibits commercial surrogacy and imposes penalties on violations to protect surrogate mothers and intended parents.
Constitutional and Legal Issues Raised
- The petitioner argued that the exclusion of single individuals from surrogacy provisions violates Article 14 of the Constitution, which guarantees equality before the law.
- The right to reproduce and form a family is also argued as an extension of the fundamental right to privacy and dignity under Article 21.
- The Bombay High Court recognized these concerns but noted that the current legislative framework is restrictive and requires interpretation by the Supreme Court.
Previous Relevant Judgments
- The Supreme Court, in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), affirmed privacy as a fundamental right, which supports individual reproductive autonomy.
- However, no direct judgment has yet been passed on surrogacy rights for single individuals under the current legal framework, leaving this an open question.
Court’s Observations and Next Steps
- The Bombay High Court observed that while the Surrogacy (Regulation) Act was enacted to regulate and ethically control surrogacy, it has not adequately addressed the evolving needs of diverse family structures, including single parents.
- The Court directed the petitioner to file a separate petition before the Supreme Court to seek a broader interpretation or amendment of surrogacy laws to include single individuals.
- This referral highlights the growing judicial acknowledgment of the need for inclusive reproductive rights beyond traditional marital frameworks.
Implications of the Ruling
- The Supreme Court’s eventual decision could potentially expand surrogacy rights to single individuals, including divorced or unmarried persons, thereby making reproductive healthcare more accessible.
- It may also lead to amendments in the Surrogacy (Regulation) Act, making it more inclusive and reflective of contemporary social realities.
- The ruling could set a precedent ensuring that reproductive rights are not denied on the basis of marital status, affirming the principles of equality and dignity.
Conclusion
The Bombay High Court’s referral of surrogacy rights for single parents to the Supreme Court marks a landmark moment in the evolving discourse on reproductive justice in India. The current restrictive legal provisions leave many single individuals without access to surrogacy, raising constitutional questions about equality and personal liberty. The forthcoming Supreme Court judgment is expected to provide clarity and may pave the way for a more inclusive legal regime that respects the reproductive rights of all individuals, irrespective of their marital status.
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