- The universe has witnessed some of the most defining developments, innovations, inventions, and growth over the last few decades is stating the obvious. Of course, since time immemorial, humankind has witnessed perpetual developments bettering the living standards with the unraveling of new knowledge on the back of scientific advancements. History is replete with innumerable geniuses contributing immensely to the cause of humanity by furthering the ease of living standards through earth-shattering and epochal inventions. Humankind has immensely benefited from these developments and has further inspired more enterprising individuals to unearth hitherto unimaginable aspects, completely out of the domain of ordinary people.
PC: Passion Life Love Health
- While we reap the benefits of such developments, the science of reproduction, especially the biological gift of giving birth, too, has undergone tremendous changes on the back of wonderful methodologies aimed at offering an alternative to couples unable to produce on their own. Surrogacy is one of the modern-day scientific inventions, a marvel that has benefited scores of couples yearning to have their own flesh and blood. Of course, there are socio-cultural and emotional challenges surrounding surrogacy that must be addressed by the legislature and the higher judiciary. As such, surrogacy privileges for single men must be weighed against the central need to protect children. As you are aware, gestational surrogacy is now half a century old.
PC: Telegraph India
- The decades have seen demand for it grow. But the regulations scrambling to administer it have travelled a zigzag line, constantly excluding-including people and activities depending on social negotiations. India has gone from being a popular global destination for commercial surrogacy to banning it. Further, in 2021, a new law set out narrow terms on who can avail even altruistic surrogacy, which have been challenged by different excluded groups. What the challenges at core reflect are people’s desire to have a child of their own, when science is there to help overcome personal circumstances that keep it from being fulfilled. One challenge the SC is set to consider is whether disallowing a divorced man from having a child through surrogacy is unconstitutional.
PC: Times of India
- This is in the context of the law allowing widowed and divorced women between the ages of 35 and 45 years to avail surrogacy. Note that never-married women are just as excluded as the petitioner, as are ever-married women outside of the 35-45 age group, and same-sex couples. Odd exclusions have been placed on married couples as well. The various exclusions reflect odd notions of who would make a good parent. There is an arbitrariness to it all that needs reviewing by the SC. Given that sexual crimes are overwhelmingly dominated by men, the surrogacy privileges of single men should necessarily draw greater scrutiny. Sexual crimes against children are difficult to police. Complicated as the surrogacy rights terrain is, the interest of the child must be protected.
