The Delhi High Court on May 9 sought the Centre’s stand on a petition challenging the exclusion of “infertile couples” from the benefit of surrogacy.
A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice to the Central Government on the petition by a married couple aggrieved by the amendment to the surrogacy law “effectively barring use of surrogacy services by infertile couples unless both of them have the ability to generate gametes”.
In their petition, the couple said before the March 14 notification by the Centre -which introduced the exclusion in question by amending Para 1(d) of Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022, they were looking for a surrogate as the wife was found to be infertile but have now been deprived of their right to parenthood for all times to come and their fertilised embryo has become “legally unviable”.
