The Delhi High Court warned against supporting the surrogacy business in India, saying it could grow into a billion-dollar industry if allowed to expand.

The Division Bench, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, highlighted that alterations in surrogacy laws were implemented following court directives. The Supreme Court had previously issued instructions regarding this matter.

During the handling of a plea lodged by a couple contesting the March 14, 2023 notification that modified the Surrogacy (Regulation) Act 2021, the Court made these statements. The notification, through an amendment in Form 2 under Rule 7 of the Surrogacy Rules, 2022, enforced a ban on donor surrogacy..

The petitioner couple, both permanent residents of India, presented their case citing the wife's low ovarian reserve. They sought surrogacy with oocyte donation, intending to transfer embryos to a surrogate mother. These embryos were planned to be formed using donor oocytes and the husband's sperm.

The Court was informed that in December 2022, the couple obtained a Certificate of Medical Indication for Surrogacy with Donor Oocyte, allowing them to pursue the surrogacy procedure as an advanced treatment for infertility.

On March 14, 2023, a notification was issued, amending the surrogacy regulations and instituting a ban on donor surrogacy. Upon reviewing the case, the Bench announced its decision to address the matter on January 15, coinciding with the listing of similar petitions for consideration.