The Supreme Court has directed the Central government to respond to a plea advocating for the permission of surrogacy for single, unmarried women. The case, titled “Neha Nagpal alias Neeha Nagpal vs Union of India and ors,” was brought before a bench comprising Justices BV Nagarathna and Ujjal Bhuyan. Initially skeptical of the petitioner, Supreme Court lawyer Neeha Nagpal, due to her egg freezing, the Court eventually decided to delve into the matter and requested the government’s response.
Nagpal’s plea emphasizes the right of women to experience motherhood without the necessity of marriage. It argues against the ban on surrogacy for unmarried women, asserting that such restrictions violate reproductive rights, the right to start a family, meaningful family life, and the right to privacy. The plea further contends that the prohibition on monetary compensation for surrogate mothers hinders the petitioner’s ability to find a surrogate, turning the regulatory framework into a de facto ban.
Senior Advocate Saurabh Kirpal, representing the petitioner, highlighted significant gaps in the existing Surrogacy Rules. He argued that the ban on surrogacy for single women contravenes Articles 14 (right to equality) and 21 (right to life). In response, Additional Solicitor General Aishwarya Bhati pointed out that the issue of unmarried women availing surrogacy is already under consideration in a broader set of pleas before the court.
Justice Nagarathna, acknowledging the societal nuances, questioned the prevalence of Assisted Reproductive Techniques (ART) procedures for unmarried women in India. Kirpal urged the Court to consider the constitutional merits of the case, emphasizing the need for a hearing. The Court, not opting for an interim stay, issued notice in the matter.
The petition, filed through advocate Malak Manish Bhatt, was heard alongside other public interest litigation (PIL) petitions challenging the ban on commercial surrogacy. These PILs question the validity of the Surrogacy (Regulation) Act, 2021, the Assisted Reproductive Technology (Regulation) Act, 2021, and the rules framed under each act. In a previous observation in October, the Supreme Court hinted at reservations about a complete ban on using donor gametes in gestational surrogacies, finding potential conflicts with the Surrogacy Act’s rules.