The Supreme Court on Tuesday considered the case of single parents for surrogacy and asked them to make a representation to the Government on the law banning commercial surrogacy is finalised.
It, however, refused to extend similar treatment to NRIs and persons of Indian origin (PIO), who too are barred under the proposed law to have surrogate babies.
The Bench of Justices Ranjan Gogoi and NV Ramana, while dealing with the aspect of banning commercial surrogacy, were informed by the Centre that the Bill in this regard — The Surrogacy (Regulation) Bill 2016, is pending for consideration before a Standing Committee of Parliament.
Senior advocate Shekhar Naphade, who appeared for a petitioner lawyer Jayashree Wad, informed the Court that the Bill does not consider single parents for surrogacy.
The Bench allowed the petitioner to submit a representation in this regard to Solicitor General, who shall forward it to the concerned authorities.
However, another application filed seeking similar relief for NRIs and PIOs was dismissed by the Bench. “How can we go on dictating terms to the law making authorityIJ If you are consciously excluded, the only remedy is to challenge the law after it is passed,” the Bench said.
The 2016 Bill at present only allows married childless couples to have babies through surrogate mothers, provided they have been legally wedded for five years and the surrogate mother is a blood relative.