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M. NAGAPRASANNA
H. Siddaraju, S/o. Late Henjarappa – Appellant
Versus
Union of India, By its Secretary – Respondent
ORDER :
“All love begins and ends with motherhood, by which a woman plays the God. Glorious it is as the gift of nature, being both sacrosanct and sacrificial, though; now again, science has forced us to alter our perspective of motherhood,” says Robert Brown. The altered perspective is what forms the kernel of this conundrum.
The petitioners are before this Court calling in question validity of Section 2(1)(zg) and Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as ‘the Act’ for short).
2. Shorn of unnecessary details, facts in brief, are as follows:
The petitioners are husband and wife, from their wedlock had a son. The mother owing to certain health problems, undergoes surgery for removal of her uterus and, therefore, the uterus is no longer a part of the body of the mother. The son of the petitioners, completes his MBBS course and was undergoing internship at a College in Mangalore. The son on 13-12-2022, dies due to a road traffic accident. The couple on losing their son go into depression.
3. The 1st petitioner is working as a First Division Assistant in the Government Arts College, Bengaluru and the second petitioner is a home maker and a bus
Section 4 deals with regulation of surrogacy and surrogacy procedures.
The court affirmed that the amendment to the Surrogacy (Regulation) Rules, 2022, which restricts donor gametes, is inapplicable to petitioners with medical conditions, preserving their right to surro....
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
The impugned rules were found to be contrary to the Surrogacy Act and violated the petitioners' rights under the Constitution of India, leading to the court's decision to allow the petitioners to pro....
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
Eligibility for surrogacy services is strictly determined by age limits as stipulated in legislation, ceasing upon reaching the specified age.
The court ruled that the age limit for surrogacy eligibility is strict, and a female becomes ineligible upon reaching 50 years, rejecting interpretations extending eligibility beyond this age.
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