ForumIAS announcing GS Foundation Program for UPSC CSE 2025-26 from 26th June. Click Here for more information.
Source: The post is based on the article “Birth Of The Matter – Single persons are denied the right to be surrogate parents on fact-free, not-quite-scientific & vague moral grounds” published in The Times of India on 19th June 2023
Syllabus: GS 2 – mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.
Relevance: About Regulation of Surrogacy.
News: Recently, one of the last Indian singletons became a parent through surrogacy. This is because Surrogacy (Regulation) Act excluded single men and women ineligible for surrogacy alongside live-in and same-sex couples.
About the Petitions on Surrogacy (Regulation) Act
Petitions challenging the exclusions have been filed in the court. The government said that “the prism of the welfare of the child” is paramount.
On the other hand, the petitioners argue that a) The law commission in its 228th report has advised the government not to “Prohibit surrogacy on vague moral grounds,” b) The government’s welfare of the child concept does not make it clear why a single parent is considered hurtful to the welfare of a child, and c) The government consider Biology as the source of a strong emotional bond. But, the government’s opinion of the child being “rejected or uncared for by the parent who is not biologically related” is not correct. For instance, too many biological children are neglected and even seriously abused by their parents.
| Must read: Regulating ART and Surrogacy: Associated Challenges – Explained, pointwise |
What should be done?
Reproductive technology has advanced and revolutionized. So, citing tradition and saying who can or cannot be a family while embracing technology is wrong. Reproductive autonomy under Article 21 shouldn’t be cancelled by prejudices.
