The Delhi High Court asked the Centre on October 16 to explain the exclusion of single, unmarried women from availing the benefit of the surrogacy procedure under the law.
Noting that an "intending woman" under the Surrogacy (Regulation) Act, 2021 means an Indian woman who is a "widow" or "divorcee", a bench headed by Chief Justice Satish Chandra Sharma questioned the rationale behind associating the marital status of a woman with her eligibility to undergo the procedure.
"Why marital status for intending woman? [Even if] she [the widow or divorcee] has no matrimonial life, why this discrimination?" the bench, also comprising Justice Sanjeev Narula, asked.
