A plea has been filed in the Delhi High Court challenging the vires of the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, stating that some of the provisions are discriminatory against a single man desirous of being a father through surrogacy and a married woman who already has a child and is desirous of expanding her family through the means of surrogacy.
The Delhi High Court on Friday issued notice on this plea challenging the vires of the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, reported Livelaw.
The plea KARAN BALRAJ MEHTA & ANR. v. UNION OF INDIA states that some of the provisions of the Acts are discriminatory against a single man desirous of being a father through surrogacy and a married woman who already has a child and is desirous of expanding her family through the means of surrogacy.
A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta sought response of the Centre while granting six weeks time for filing of the counter affidavit in the matter. Justice Sanghi orally remarked,
This requires consideration.
The matter will now be heard on November 9.
The plea has been moved by Advocate Aditya Samaddar on behalf of the petitioner, that argues argues how the impugned Acts are ultra vires Article 14 and 21 of the Constitution of India.
The Parliament on December 8, 2021 passed the Assisted Reproductive Technology (Regulation) Act, 2021, which received the assent of the President on December 18, 2021. The Act aims at the regulation and supervision of ART clinics and assisted reproductive technology banks, prevention of misuse, and safe and ethical practice of ART services.
The Act excludes unmarried men, divorced men, widowed men, unmarried yet cohabiting heterosexual couples, trans persons and homosexual couples (whether married or cohabiting) from availing ART services. This exclusion is relevant as the Surrogacy Act also excludes above said persons from taking recourse to surrogacy as a method of reproduction. Right alongside this Act comes the Surrogacy (Regulation) Act, 2021, which only recognises altruistic surrogacy as legal.
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