In a recent legal development, the Supreme Court has summoned the Central government to respond to a petition advocating for the authorization of surrogacy for single, unmarried women. The petition, filed by Supreme Court lawyer Neeha Nagpal, initially faced skepticism from Justices BV Nagarathna and Ujjal Bhuyan, particularly in light of the petitioner having preserved her eggs. Despite the initial reservations, the Court decided to delve deeper into the matter, urging the Central government to present its stance.

Nagpal's plea underscores the right of women to undergo surrogacy independently of marital status, emphasizing personal autonomy in reproductive choices and the avoidance of unwarranted state intervention. The argument posits that restricting surrogacy for unmarried women violates fundamental rights, including the right to reproduction, the initiation of family life, a meaningful family existence, and the right to privacy.

The plea further contends that the prohibition on monetary compensation to surrogate mothers creates practical difficulties for the petitioner in finding a surrogate. Senior Advocate Saurabh Kirpal, representing Nagpal, asserts that existing Surrogacy Rules contain substantial loopholes and that the prohibition on surrogacy for single women infringes upon constitutional rights under Articles 14 (equality) and 21 (right to life).

Additional Solicitor General Aishwarya Bhati informed the court that the matter of surrogacy for unmarried women is part of a broader set of petitions under consideration. Bhati also clarified that single, unmarried women are still allowed to have children through Assisted Reproductive Techniques (ART). In response, Justice Nagarathna expressed concern about the prevalence of ART procedures for unmarried women in Indian society, indicating a need to assess societal attitudes.

The Supreme Court, in response to the unfolding legal intricacies, has formally notified all parties involved in the case, signaling a forthcoming examination of the matter.

Case: Neha Nagpal alias Neeha Nagpal vs Union of India and ors,

Writ Petition (Civil) No(s). 1316/2023.

Click here to read/download order.