Supreme Court To Hear Petitions Challenging Upper-Age Limit In Surrogacy Laws On February 11
1 day, 16 hours ago

Supreme Court To Hear Petitions Challenging Upper-Age Limit In Surrogacy Laws On February 11

Live Law  

The Supreme Court is set to hear a batch of petitions challenging the Surrogacy Act, 2021 and Surrogacy Rules, 2022 on the specific issue of upper-age limited and cases where the surrogacy process has already commenced for interim relief. Whether the right of a couple to avail surrogacy being restricted to married couples between the age of 23 to 50 years in case of female and between 26 to 55 years in case of male as provided in Section 4 read with Section 2 of the Surrogacy Act, is constitutional? Whether the right of a single woman to avail surrogacy being restricted to only widows or divorcees between the ages of 35 to 45 years as provided under Section 2 of the Surrogacy Act 2021, is constitutional? Whether the right of an intending couple to avail surrogacy being restricted to only those couples who do not have a surviving child as provided under Section 4 of the Surrogacy Act 2021, is constitutional?

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History of this topic

Supreme Court Seeks Centre's Response On Plea Challenging Bar On Surrogacy For Second Child Of Couples Already Having A Healthy Child
8 months, 2 weeks ago

Supreme Court Seeks Centre's Response On Plea Challenging Bar On Surrogacy For Second Child Of Couples Already Having A Healthy Child

Live Law  

The Supreme Court on Friday sought the Union government's response on a plea filed to allow an intending couple, having a healthy biological child, to beget a second child through surrogacy if it so wants.The bench of Justices BV Nagarathna and AG Masih passed the order upon hearing a petition under Article 32 of the Constitution, which challenged the constitutional …

Amended surrogacy law doesn’t go the full distance
9 months, 3 weeks ago

Amended surrogacy law doesn’t go the full distance

Hindustan Times  

The amendment to the Surrogacy Rules, 2022, now allows donor gametes to be used by couples facing medical issues. While logical, the amendment still does not go far enough because even now at least one donor gamete has to be from the commissioning parents and a single woman still needs her own gametes. Courts have passed interim orders in multiple …

Why were the surrogacy rules modified? | Explained
10 months, 2 weeks ago

Why were the surrogacy rules modified? | Explained

The Hindu  

February 25, 2024 10:14 pm | Updated February 26, 2024 10:48 am IST The story so far: The Union government on February 21 modified the Surrogacy Rules, 2022, to permit married couples to use donor eggs or donor sperm for surrogacy — a move that provided a big relief to those with medical complications. The modification in the surrogacy rules …

Centre seeks data from States to assess functioning of Surrogacy Act, 2021
11 months, 2 weeks ago

Centre seeks data from States to assess functioning of Surrogacy Act, 2021

The Hindu  

The Union Health Ministry has asked all States and UTs about the total number of couples and single and unmarried women who have availed surrogacy successfully since the Surrogacy Act, 2021, came into force to assess the functioning of the law. In a communication sent to the Principal Secretary /Secretary of all States and UTs last month, the Ministry also …

Supreme Court Reminds Of The Age Limit Factor To Consider Under Surrogacy Act
1 year, 1 month ago

Supreme Court Reminds Of The Age Limit Factor To Consider Under Surrogacy Act

Live Law  

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy Act, 2021 who are beyond the age limit prescribed under the Act. On a previous occasion, the Supreme Court had also observed that insisting that only the egg and the sperm of an …

Supreme Court allows surrogacy, strikes down rule banning use of donor gametes
1 year, 2 months ago

Supreme Court allows surrogacy, strikes down rule banning use of donor gametes

The Hindu  

The Supreme Court has protected the right of parenthood of a woman, suffering from a rare medical condition, by staying the operation of a law which threatened to wreck her hopes to become a mother through surrogacy. Mr. Jain referred to Rule 14 of the Surrogacy Rules which listed the medical or congenital conditions owing to which a woman could …

'Enacted After Following Due Procedure': Centre Opposes Plea Challenging Vires Of Surrogacy Act, ART Act In Delhi High Court
2 years, 2 months ago

'Enacted After Following Due Procedure': Centre Opposes Plea Challenging Vires Of Surrogacy Act, ART Act In Delhi High Court

Live Law  

Centre has opposed a plea challenging the vires of the Assisted Reproductive Technology Act, 2021 and the Surrogacy Act, 2021, arguing that both the Acts have been enacted following due procedure established by law.Seeking dismissal of the plea, Centre through Ministry of Health and Family Welfare has submitted that both the Acts have been enacted to ensure that. Centre has …

Supreme Court Issues Notice On IVF Specialist's Plea Challenging Provisions Of Surrogacy Regulation Act & ART Act
2 years, 3 months ago

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

Live Law  

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 …

"Requires Consideration": Delhi High Court Issues Notice On Plea Challenging Vires Of Assisted Reproductive Technology Act & Surrogacy Act
2 years, 7 months ago

"Requires Consideration": Delhi High Court Issues Notice On Plea Challenging Vires Of Assisted Reproductive Technology Act & Surrogacy Act

Live Law  

The Delhi High Court on Friday issued notice on a plea challenging the vires of the Assisted Reproductive Technology Act, 2021 and the Surrogacy Act, 2021.The plea states that some of the provisions of the Acts are discriminatory against a single man desirous of being a father through surrogacy and a married woman who already has a child and is …

Critical Analysis Of Surrogacy (Regulation) Bill 2021 And Assisted Reproductive Technology (Regulation) Bill 2021
2 years, 10 months ago

Critical Analysis Of Surrogacy (Regulation) Bill 2021 And Assisted Reproductive Technology (Regulation) Bill 2021

Live Law  

The scope of this article is to analyze the effects of the recently passed Surrogacy Regulation Bill 2021 and Assisted Reproduction Technology Bill 2021. Ban on Surrogacy a)Judicial View The Supreme Court's decision in Indian Hotels and Restaurants Association and Others v State of Maharashtra in the context of bar dancers in Maharashtra would be suitable to evaluate on the …

Mansukh Mandaviya to introduce Surrogacy (Regulation) Bill, 2020 in Rajya Sabha: All you need to know about the legislation
3 years, 1 month ago

Mansukh Mandaviya to introduce Surrogacy (Regulation) Bill, 2020 in Rajya Sabha: All you need to know about the legislation

Firstpost  

The Bill completely prohibits commercial surrogacy and only allows altruistic surrogacy for Indian married couples Union Minister for Health and Family Welfare Mansukh Mandaviya is scheduled to move ‘The Surrogacy Bill 2020’ in Rajya Sabha today. The Surrogacy Bill 2020 The Bill was first introduced by the Minister of Health and Family Welfare, Dr Harsh Vardhan in Lok Sabha on …

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