In a recent ruling, the Supreme Court of India has refused the plea of a 44-year-old unmarried woman to pursue motherhood through surrogacy, citing the need to preserve and protect the institution of marriage within the country. The decision, delivered by a bench comprising Justices BV Nagarathana and Augustine George Masih, emphasized the importance of maintaining traditional family values in Indian society.

The petitioner, a single woman employed at a multinational corporation, had challenged the validity of Section 2(s) of the Surrogacy (Regulation) Act, which restricts surrogacy to widowed or divorced women aged between 35 and 45 years. However, the Supreme Court upheld these regulations, asserting that the norm in Indian society is for women to become mothers within the bounds of marriage.

"It is a norm here to become a mother within the institution of marriage. Being a mother outside the institution of marriage is not the norm. We are concerned about it. We are speaking from the point of view of a child's welfare," remarked the bench during the hearing.

The justices expressed apprehension about the challenges of raising a child through surrogacy at an advanced age of 44, emphasizing that certain sacrifices must be acknowledged in life. They underscored the societal importance of marriage and the potential risks associated with deviating from traditional family structures.

"We are not like the West where many children do not know about their mothers and fathers. We do not want children roaming here without knowing about their fathers and mothers," the bench further remarked, highlighting the importance of familial relationships and stability.

While acknowledging advancements in science, the court emphasized the significance of adhering to established social norms, indicating that these norms serve a purpose in maintaining societal cohesion and stability.

Despite the denial of the surrogacy plea, the Supreme Court suggested adoption as an alternative path to parenthood. However, the petitioner's counsel declined this option, citing concerns over the lengthy waiting period associated with adoption.