Supreme Court summons Center in surrogacy case of unmarried woman, petitioner said this in his appeal

The Supreme Court on Tuesday issued a notice to the Central Government on a petition challenging the provision banning surrogacy for unmarried women. The Supreme Court has agreed to consider the provisions of the law regarding becoming a mother through surrogacy. The division bench of Justices BV Nagarathna and Ujjal Bhuyan has issued a notice to the Center seeking its reply.

Senior advocate Saurabh Kirpal appeared on behalf of petitioner Neha Nagpal in the Supreme Court in a brief hearing. Advocate Saurabh said that there are many loopholes in the current law of surrogacy. Its provisions violate Article 14 (right to equality) and Article 21 (right to life and personal liberty) of the Constitution.

Additional Solicitor Aishwarya Bhati, appearing for the Centre, told the division bench that the case of surrogacy of an unmarried woman is pending before the larger bench. Saurabh Kirpal said that this matter should be heard because it is a big constitutional question.

After this, the division bench was ordered to issue a notice to the Central Government. It was said in the petition that the petitioner has the right to reproduction and motherhood even without marriage. The petitioner is a diabetic patient. His age is 40 years. She has been told that women after the age of 36 face complications in pregnancy, especially if they are diabetic. She cannot conceive naturally.