Surrogacy Cases / We do not want India to become a surrogate country - Delhi High Court on surrogacy

The trend of surrogacy is spreading rapidly across the world. Delhi High Court has commented strongly on this matter. The Delhi High Court, while hearing a couple's surrogacy process case on Friday, said the law regulating surrogacy has been made to prevent exploitation and prevent India from becoming a surrogacy country. This law is beneficial. Under this, the court refused to allow the couple to undertake

Vikrant Shekhawat : Dec 15, 2023, 10:00 PM
Surrogacy Cases: The trend of surrogacy is spreading rapidly across the world. Delhi High Court has commented strongly on this matter. The Delhi High Court, while hearing a couple's surrogacy process case on Friday, said the law regulating surrogacy has been made to prevent exploitation and prevent India from becoming a surrogacy country. This law is beneficial. Under this, the court refused to allow the couple to undertake the surrogacy process. Actually, the court made this comment during the hearing on the petition of an Indian origin couple living in Canada. The court said the challenge was to the March 14 notification issued by the Center to amend the Surrogacy (Regulation) Act to ban donor surrogacy by making changes in Form 2 under Rule 7 of the Surrogacy Rules, 2022.

Delhi High Court's strict comment on surrogacy

In this regard, the bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that this reproductive outsourcing should be curbed by the legislature and at the behest of the Supreme Court, we cannot go further than this. The bench hearing the case described it as a beneficial activity and said that its main objective is to curb the exploitation of surrogates. He said that India is a developing country. It has not yet become a developed country. Many people may be attracted towards this due to economic reasons. Citing a report, the bench said that the Confederation of Indian Industry had stated in its report that at one time surrogacy in India was a $2.3 billion business.

'We do not want to promote this industry'

During the hearing of this case, the petitioner's lawyer said that the petitioner is an Indian citizen and is living in Canada only because of work. Responding to this, the bench said that the petitioners can avail the facility of surrogacy in the same country. The court said that they are coming to India for a special reason, because there is economic inequality here. Here people can rent a womb. The court made a strong comment and said that no one wants this country to become a surrogacy industry. The legislature has made a decision on this and this is not an industry we want to promote.

Court said- there is an option to adopt children

During this time the court said that people also have the option of adopting a child. If there are some good couples who are willing to adopt those children then their life will change. During the hearing of the case, the lawyers also seemed to agree with this statement of the court and they also talked about encouraging the adoption of children.