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M. NAGAPRASANNA
...., Wife of .... – Appellant
Versus
Union Of India – Respondent
ORDER :
Science or scientific development never ceases to surprise us; it always outmaneuvers us. We humans, therefore, should either change or become immaterial. Law is no exception. It is now the turn of law to appreciate, the variance in the concept of the divine duty, of motherhood metamorphosing, into split motherhood, albeit, in certain circumstances. The turn to appreciate this dichotomy forms the fulcrum of the issue in the lis and becomes the kernel of the conundrum.
2. Conglomeration of these cases raise a common challenge. The petitioners, in all these cases, seek to challenge the amendment brought about to the Surrogacy (Regulation) Rules, 2022, in terms of the notification dated 14-03-2023 issued by the Union of India, with particular challenge to the amendment to clause
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....
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....
Section 4 deals with regulation of surrogacy and surrogacy procedures.
The court affirmed that amendments to surrogacy regulations cannot have retrospective effect, especially when they impede ongoing processes and must align with existing medical regulations.
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Guidelines restricting eligibility certificate issuance for Surrogate mothers to their district of residence are valid under the Surrogacy Regulation Act, ensuring compliance and proper implementatio....
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
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