Supreme Court Issues Notice On IVF Specialist's Plea Challenging Provisions Of Surrogacy Regulation Act & ART Act
2 years, 6 months ago

Supreme Court Issues Notice On IVF Specialist's Plea Challenging Provisions Of Surrogacy Regulation Act & ART Act

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The Supreme Court on Monday sought responses of the Ministry of Health and Family Welfare, the Ministry of Women and Child Development and the Indian Council of Medical Research in a petition challenging certain provisions of the Assisted Reproductive Technology Act, 2021, the Surrogacy Act, 2021 and related rules. The petition filed by IVF specialist Arun Muthuvel points out a number of issues ranging from contradictory provisions in both the Acts to how the privacy under Article 19 of the "intending couple" is compromised. On the other hand, the Surrogacy Act categorizes women in two categories, first, as part of intending couple being a woman between the age of 23 and 50; and secondly as an "intending woman" defined under sec. Conjointly read, the two pieces of legislation exclude from within its ambit the following categories of people who may be similarly situated as any infertile couple but cannot avail services under either of the two legislations: • Same-sex couples and other members of the LGBTQ community, • Single women who are neither widowed nor divorced, • Single women who are widowed and/or divorced and less than the age of 35 or more than 45, • Single men, Couples suffering from secondary infertility, • Couples where either partner does not fall within the defined age brackets, • Couples where both partners are outside the defined age bracket, • Couples suffering from secondary infertility "….it is submitted that such narrow sex-based classification is also in teeth of decision of this Hon'ble Court in Navtej Singh Johar & Ors.

History of this topic

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