Supreme court
Supreme Court Rules on the Legality of Surrogacy in India
The Supreme Court of India has ruled that commercial surrogacy is illegal in India, while allowing altruistic surrogacy in certain circumstances. Background: The case originated from a petition filed by a non-governmental organization, which sought clarification on the legality of surrogacy in India. Parties: The petitioners argued that commercial surrogacy exploits vulnerable women and violates their rights. The respondents, including the Union of India, contended that surrogacy is a legitimate reproductive option that should be regulated, rather than prohibited. Legal issues: The court examined the concept of surrogacy, its distinction between commercial and altruistic surrogacy, and the need for a regulatory framework to govern surrogacy in India. Court observations: The Supreme Court held that commercial surrogacy is illegal in India, as it exploits vulnerable women and violates their rights. The court allowed altruistic surrogacy in certain circumstances, such as when a close relative or friend agrees to act as a surrogate without payment. Significance: The judgment has significant implications for the regulation of surrogacy in India, emphasizing the need to protect the rights of surrogate mothers and prevent the exploitation of vulnerable women. The court's decision is expected to influence the development of laws and policies related to surrogacy in India.
