The landscape of parenting in India has witnessed significant shifts in recent years, but the journey for single mothers and unmarried women remains complex. While single parenting is not uncommon, engaging in surrogacy as a single mother or an unmarried woman poses legal challenges under the recent Surrogacy (Regulation) Act of 2021.
Why Surrogacy for Single Parents is Considered Illegal:
The Surrogacy (Regulation) Act, 2021, brings stringent guidelines, limiting access to surrogacy benefits exclusively to married couples and widows or divorced women aged between 35 and 45.
The exclusion of single mothers and unmarried women is rooted in concerns over the child’s well-being, preventing commercialization, and preserving traditional family values.
Challenges to the Exclusion:
The exclusion of single mothers and unmarried women faced a pivotal challenge in November 2023 when a 44-year-old unmarried woman petitioned the Delhi High Court.
She argued that the exclusion under the Surrogacy (Regulation) Act, 2021, is discriminatory, infringing upon her fundamental rights of equality and the right to life. The Delhi High Court has taken cognizance of the case and sought responses from the Central Government.
New ART Law:
In a groundbreaking move, the Indian Parliament is contemplating a new Assisted Reproductive Technology (ART) law. This proposed legislation aims to replace the existing Surrogacy (Regulation) Act, 2021, and usher in a more progressive and inclusive approach towards surrogacy.
What Does the New Law Change:
The draft of the new ART law presents a paradigm shift, offering hope for single mothers and unmarried women seeking surrogacy. If enacted, the new law will allow these women to participate in the surrogacy process, eliminating the current exclusion. Additionally,
the proposed law suggests extending the upper age limit for surrogacy to 50 years, opening doors for a broader range of individuals to build families through assisted reproductive technology.
Conclusion:
The journey of surrogacy for single mothers and unmarried women in India is evolving against the backdrop of legal amendments and societal shifts. While the current legal landscape presents challenges, the potential enactment of the new ART law offers optimism for a more inclusive future. The proposed changes could mark a significant victory for those aspiring to embrace parenthood through surrogacy.
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