Same sex couples, live-in partners not included in surrogacy and assisted reproduction laws, says govt. in Supreme Court
1 year, 10 months ago

Same sex couples, live-in partners not included in surrogacy and assisted reproduction laws, says govt. in Supreme Court

The Hindu  

The government in the Supreme Court has said that same sex couples and live-in partners are not included in surrogacy and assisted reproduction laws to avoid ‘misuse’ and provide children a ‘complete family’. The government said the inclusion of live-in and same sex couples within the ambit of the Surrogacy Act would lead to “misuse”. Jarring note The government’s affidavit struck a jarring note, saying “the only kind of couples that are eligible to avail benefits of surrogacy or assisted reproduction are heterosexual married couples, to the exclusion of live-in couples or any other relationships and that too with strong regulations with respect to age, consent, etc. But the government argued that both Acts made it clear that couples opting for surrogacy or assisted reproduction should be “legally married biological man and woman”.

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History of this topic

Supreme Court seeks Centre’s reply over bar on surrogacy
11 months, 1 week ago

Supreme Court seeks Centre’s reply over bar on surrogacy

Hindustan Times  

The Supreme Court on Friday sought the response of the Centre on a petition challenging the bar under the Surrogacy Act that prevents married couples who already have a child from having a second child through surrogacy. According to National Family Health Survey data, the petitioner pointed out, the trend of primary infertility depicts a gradual decrease over time Issuing …

Indian judge denies single woman right to surrogacy saying institution of marriage under threat
1 year, 1 month ago

Indian judge denies single woman right to surrogacy saying institution of marriage under threat

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A Supreme Court judge hearing …

SC Ruling on Same Sex Marriage: Supreme Court divided on allowing unmarried couples to adopt children jointly
1 year, 5 months ago

SC Ruling on Same Sex Marriage: Supreme Court divided on allowing unmarried couples to adopt children jointly

The Hindu  

The Constitution Bench, which delivered a majority judgment in the same-sex marriage case on October 17, was divided in its opinions on whether unmarried couples, including same-sex partners, can jointly adopt children. Chandrachud held that Regulation 5 of the Adoption Regulations, which bars unmarried partners from being prospective adoptive parents, was ultra vires the Juvenile Justice Act and violative of …

Same-sex marriage verdict: Can unmarried partners, gay couples now adopt in India?
1 year, 5 months ago

Same-sex marriage verdict: Can unmarried partners, gay couples now adopt in India?

Firstpost  

CJI DY Chandrachud in a ruling on Tuesday struck down the Central Adoption Resource Authority regulations which stop gay and unmarried couples from adopting. However, the five-judge Supreme Court bench in a 3-2 verdict stated that non-heterosexual couples cannot be granted the right to jointly adopt While India’s Supreme Court declined to legalise same-sex marriage and did not grant gay …

In 3:2 Majority Verdict, SC Rules Same-Sex Couples Can't Adopt A Child. Read Who Said What
1 year, 5 months ago

In 3:2 Majority Verdict, SC Rules Same-Sex Couples Can't Adopt A Child. Read Who Said What

ABP News  

Same-Sex Marriage Verdict: The Supreme Court on Tuesday ruled that same-sex couples cannot adopt a child and also refused to legalise their marriage putting the responsibility on the same to parliament. Chief Justice of India DY Chandrachud and Justice Sanjay Kishan Kaul agreed to the adoption rights of the queers people while Justices S Ravindra Bhat, Hima Kohli and PS …

'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict
1 year, 5 months ago

'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict

Hindustan Times  

Chief Justice of India DY Chandrachud, while announcing his verdict on a clutch of petitions demanding legal status to same-sex marriages, today struck down the Central Adoption Resource Authority's regulation that restricted queer and unmarried couples from adopting children. The CJI said the law didn't preclude unmarried couples from adopting, and that the Union of India hadn't proven restricting unmarried …

'No discrimination against queer couples': Supreme Court's to-do list for Centre
1 year, 5 months ago

'No discrimination against queer couples': Supreme Court's to-do list for Centre

India Today  

The Chief Justice of India, DY Chandrachud, while reading out the same-sex marriage verdict, on Tuesday, said that the right to enter into a union includes the right to choose one's partner and the right to recognition of that union. Follow live blog for latest update on same-sex marriage verdict ‘Queerness is not urban or elite’ CJI DY Chandrachud said …

Giving Same-Sex Marriages Legal Recognition Will Make Laws On Adoption, Surrogacy Unworkable : NCPCR Tells Supreme Court
1 year, 10 months ago

Giving Same-Sex Marriages Legal Recognition Will Make Laws On Adoption, Surrogacy Unworkable : NCPCR Tells Supreme Court

Live Law  

On the ninth day of the argument in the marriage equality case, the Supreme Court discussed the rights of adoption granted to different family types including people living in live-in relationships and single parents. The bench comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha dealt with arguments pertaining to …

Including Live-In & Same-Sex Couples Under Surrogacy Act Might Lead to Misuse: Centre to Supreme Court
1 year, 10 months ago

Including Live-In & Same-Sex Couples Under Surrogacy Act Might Lead to Misuse: Centre to Supreme Court

Live Law  

Inclusion of live-in couples and queer couples within the ambit of the Surrogacy Act would open the scope of ‘misuse’ of such facilities and it would be difficult to ensure the best future for the child born through surrogacy, the Centre has told the Supreme Court. In its 102nd report, the committee was of the view that with respect to …

State cannot discriminate against individuals over sexuality, says Supreme Court
1 year, 11 months ago

State cannot discriminate against individuals over sexuality, says Supreme Court

The Hindu  

The Supreme Court on Wednesday said sexual orientation is an innate characteristic over which individuals have no control and the state cannot push aside the need for legal recognition of same sex marriage within the LGBTQIA+community as an “urban and elitist” concept without any data to support the claim. “When you say that this is an intrinsic or innate characteristic, …

Same-sex marriages: A matter for Parliament
1 year, 11 months ago

Same-sex marriages: A matter for Parliament

The Hindu  

The Supreme Court, in Supriyo v. Union of India, has referred the matter relating to legalisation of same-sex marriages to a Constitution Bench. The core of the Centre’s argument is that same-sex marriage does not find any recognition within Indian traditions, ethos, culture and the societal conception of the institution of marriage. Like in the Navtej Johar and Joseph Shine …

Children of lesbian, gay parents do not necessarily become lesbians, gays: SC informs government
2 years ago

Children of lesbian, gay parents do not necessarily become lesbians, gays: SC informs government

The Hindu  

Growing up with lesbian or gay parents will not necessarily make a child lesbian or gay, a puzzled Supreme Court on March 13, 2023 confronted the government’s concern about the “psychological” impact same-sex marriages may have on children. Chandrachud referred petitions seeking legal recognition of same-sex marriages to a Constitution Bench, but took the time on Monday to soothe the …

'Surrogate Mother Need Not Be Genetically Related To Child' : Centre Clarifies Surrogacy Law Provision Before Supreme Court
2 years, 1 month ago

'Surrogate Mother Need Not Be Genetically Related To Child' : Centre Clarifies Surrogacy Law Provision Before Supreme Court

Live Law  

The Supreme Court on Monday directed the centre to immediately give effect to the three important clarifications that the union government has, in consultation with the National Assisted Reproductive Technology and Surrogacy Board, issued regarding the extant regime on surrogacy and assisted reproductive technologies. A division bench of Justices Ajay Rastogi and Bela M. Trivedi was hearing a batch of …

Same rights: On Government’s response to appeals to allow same-sex marriage
2 years, 3 months ago

Same rights: On Government’s response to appeals to allow same-sex marriage

The Hindu  

The Supreme Court has sought the Government’s response to appeals to allow same-sex marriage under a special law, in another bid to provide legal sanction to widening social customs. Chandrachud and Justice Hima Kohli agreed to hear two partners who said the non-recognition of same-sex marriage amounted to discrimination that struck at the rights of LGBTQIA+ couples. At depositions in …

Israel lifts ban on same-sex couples and single men becoming parents through surrogacy
3 years, 2 months ago

Israel lifts ban on same-sex couples and single men becoming parents through surrogacy

The Telegraph  

Same-sex couples, single men and transgender people in Israel will be able to become parents through surrogacy from next week, the health minister announced Tuesday on what he hailed as an “historic day” for the country’s LGBT community. Mr Horowitz said the law change would make surrogacy available to single men and transgender people, “actually to any individual.” For years …

Israel's Supreme Court clears way for same-sex couples to have children through surrogates
3 years, 8 months ago

Israel's Supreme Court clears way for same-sex couples to have children through surrogates

Firstpost  

The state had argued that the law was intended to protect surrogate mothers but the court ruled that it would be possible to strike a balance that would not discriminate. Israel’s Supreme Court on Sunday cleared the way for same-sex couples to have children through surrogate mothers, a move hailed by lawmakers and activists as a victory for LGBTQ rights. …

Points of contention in surrogacy bill
5 years, 3 months ago

Points of contention in surrogacy bill

Hindustan Times  

The bill to ban commercial surrogacy has several loose ends and the 23-member Rajya Sabha select committee to which it has been referred for further scrutiny will discuss and try to rectify the shortcomings to avoid legal complications that are likely to arise if it is notified in its present form, experts say. The Surrogacy Bill, 2019, seeks to allow …

Where is the love: 62 per cent Indians say same-sex marriages not accepted, finds Mood of the Nation poll
6 years, 1 month ago

Where is the love: 62 per cent Indians say same-sex marriages not accepted, finds Mood of the Nation poll

India Today  

Legislation and concomitant regulation are rushed in for newer forms of social relationships like same-sex marriages which, according to the MOTN, finds acceptance only of one in four persons in Indian society. But another regulating surrogacy states that it can only be undertaken by a close family relative, as an altruistic activity, a labour of love, which she must undertake …

Section 377: Partner can be from the same sex, says Justice Chandrachud
6 years, 8 months ago

Section 377: Partner can be from the same sex, says Justice Chandrachud

The Hindu  

A person’s choice of a partner is a fundamental right, and it can include same-sex partner, Justice D.Y. Actually has something to do with the genes.” Mr. Rohatgi said Section 377 described such sexual acts as against the order of nature. Justice Nariman said Mr. Rohatgi should focus on the point that the “order of nature” was only a relative …

Surrogacy Regulation Bill: Parliamentary panel report highlights legislation's draconian, paternalistic nature
7 years, 6 months ago

Surrogacy Regulation Bill: Parliamentary panel report highlights legislation's draconian, paternalistic nature

Firstpost  

In August this year, the Parliamentary Standing Committee submitted its 102nd report on the Surrogacy Regulation Bill, 2016. On the other hand, gestational surrogacy – also referred to as “full surrogacy” – is the case where the egg and sperm are of the commissioning parents and the surrogate mother carries the fertilised egg of the intended parents.Thus, all of the …

Allow surrogacy to live-in couples, widows: Parliamentary panel tells govt
7 years, 7 months ago

Allow surrogacy to live-in couples, widows: Parliamentary panel tells govt

Firstpost  

Live-in couples and widows should be allowed to avail surrogacy service in addition to legally married Indian couples, a parliamentary panel said on Thursday. New Delhi: Live-in couples and widows should be allowed to avail surrogacy service in addition to legally married Indian couples, a parliamentary panel said on Thursday and pitched for providing “adequate and reasonable” monetary compensation to …

Parliamentary panel to place report on surrogacy bill tomorrow
7 years, 7 months ago

Parliamentary panel to place report on surrogacy bill tomorrow

Firstpost  

A parliamentary standing committee on health will present its report on the surrogacy bill on Thursday. Under the bill, homosexuals, single parents, and live-in couples are also not entitled to for surrogacy New Delhi: A parliamentary standing committee on health will present its report on the surrogacy bill on Thursday. The legislation proposes to regulate surrogacy in India, prohibit commercial …

Single Parent And Surrogacy: SC Asks Petitioner To Submit Representation To Govt [Read Order]
8 years ago

Single Parent And Surrogacy: SC Asks Petitioner To Submit Representation To Govt [Read Order]

Live Law  

The issue of a single parent going for surrogacy was raised before the Supreme Court on Tuesday after the Centre told the court that the Surrogacy Bill, 2016, was referred to the parliamentary standing committee on January 12, 2017.The petitioner, who has been opposing commercialisation of surrogacy, asked the court to direct the government to include a clause pertaining to. …

Nod to Surrogacy Bill will end ‘rent-a-womb’ method in India
8 years ago

Nod to Surrogacy Bill will end ‘rent-a-womb’ method in India

India TV News  

The Parliament’s approval to the Surrogacy Bill will end the “rent-a-womb” method in India. The Surrogacy Bill of 2016 not only bans commercial surrogacy but also homosexual couples, people in live-in relationships and single individuals from having a child through the “rent-a-womb” method. According to the new draft law, only childless Indian heterosexual couples, married for a minimum five years …

Government to relax new surrogacy bill norms: CNN News18 report
8 years, 6 months ago

Government to relax new surrogacy bill norms: CNN News18 report

Firstpost  

After facing massive uproar over the stringent measures introduced in the Surrogacy Bill, the government has decided to give in and is expected to relax some of the provisions After facing massive uproar over the stringent measures introduced in the Surrogacy Bill, the government has decided to give in and is expected to relax some of the provisions, reports CNN …

Ban on commercial surrogacy; unmarried couples, homosexuals, NRIs barred: All you need to know
8 years, 7 months ago

Ban on commercial surrogacy; unmarried couples, homosexuals, NRIs barred: All you need to know

Firstpost  

The bill proposes a complete ban on commercial surrogacy and allows only legally-wedded Indian couples to opt for children through it. This move is aimed at curbing unethical practices in the country, according to External Affairs Minister Sushma Swaraj, who said that the Bill comes at a time when India has emerged as a hub of commercial surrogacy for couples …

Same-sex couples have right to marry anywhere, says US Supreme Court; Obama backs move
9 years, 9 months ago

Same-sex couples have right to marry anywhere, says US Supreme Court; Obama backs move

Firstpost  

The Supreme Court declared on Friday that same-sex couples have a right to marry anywhere in the United States. Washington: The Supreme Court declared on Friday that same-sex couples have a right to marry anywhere in the United States. Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of …

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