Live-in and same-sex couples should be kept out of the Surrogacy Act - Centre's reply to SC

The Center told the SC in its reply that since live-in couples or same-sex couples are not bound by any law, the future of the child born out of surrogacy in these cases will always be in question.

New Delhi: In its reply filed in the Supreme Court on Tuesday, the Central Government has opposed bringing couples living in live-in relationships as well as gay couples under the purview of the Surrogacy Act . As of now, single women can keep a surrogate womb only under two circumstances.

In its reply filed in the Supreme Court, it was said on behalf of the government that it would not be right to bring such gay couples under the purview of the Surrogacy Act as it would encourage the misuse of this act. Along with this, the problem will continue in such cases because there will always be apprehension about the bright future of the child born from the surrogate womb.

The hearing of the case is being done by the bench of Justice Bela M. Trivedi and Justice Ajay Rastogi.

These single women are allowed to have a womb

In its reply filed by the court, the central government has justified its decision to exclude single and unmarried women from the benefits of the Surrogacy Act. At present, surrogacy is allowed only in two situations for a single woman – first, either the woman is a widow and does not want to have a child on her own due to the fear of society, or the woman is divorced and is not willing to remarry. , but wish to have a child. However, in both these situations, a condition has been laid that the age of the woman should be more than 35 years.

The Central Government and ICMR have filed this affidavit in response to petitions challenging several provisions of the Surrogacy Act.

Live-in or same-sex couples are not bound by the law

Citing the report of the parliamentary committee in support of its answer, the government has said that the Surrogacy Act recognizes only a legally recognized married man or woman as a guardian.

The government says that since live-in couples or same-sex couples are not bound by any law, the future of a child born through surrogacy in these cases will always be in question.