Appearing for the petitioner, Senior Advocate Saurabh Kirpal argued that there were massive gaps in the current Surrogacy Rules. The ban on single women from opting for surrogacy is hit by Articles 14 (right to equality) and 21 (right to life), he added.
Additional Solicitor General (ASG) Aishwarya Bhati pointed out that the issue of unmarried women availing of surrogacy is currently pending before the top court in a larger batch of pleas.
The ASG added that single, unmarried women are still allowed to have children by means of Assisted Reproductive Techniques (ART).
“We are having a conundrum. How many ART procedures have happened in India for unmarried women? We have to see the pulse of Indian society also,” Justice Nagarathna replied.
“My lords may say that, but the fabric of the Constitution has to be maintained. This needs to be heard. I am sure I can convince the court of the merits. We are not pressing for (interim) stay,” Kirpal then urged the Court.
The apex court then proceeded to issue notice in the matter.
Source: Barandbench
