Introduction:

Dr. Arun Muthuvel, represented by Advocates Mohini Priya and Ameyavikrama Thanvi, brings a pivotal challenge before the Supreme Court against the Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021. The petition highlights concerns of discrimination and violation of constitutional rights in the legal framework surrounding surrogacy and assisted reproduction in India.

Arguments:

The petitioner contends that the legislative framework, as it stands, imposes arbitrary restrictions, denying individuals their reproductive autonomy and agency. Key issues raised include the constitutionality of prohibitions on commercial surrogacy, restrictions based on marital status, age, and previous parenthood, and the exclusion of single men from the Surrogacy Regulation Act.

The respondents, representing the Union of India, argue in defense of the legislative intent behind the Acts, citing the need for regulation to prevent exploitation and ensure ethical practices in assisted reproduction and surrogacy arrangements. They contend that the restrictions are justified in safeguarding the welfare of all parties involved, including surrogate mothers and children born through surrogacy.

Court’s Judgment:

The Supreme Court, led by Justices BV Nagarathna and AG Masih, acknowledges the complexities of the issues at hand. Recognizing the need for a comprehensive examination, the court decides to hear challenges to the Surrogacy Regulation Act separately from those relating to the ART Act. The parties are directed to submit written arguments, and the matter is scheduled for further consideration on July 30.