The High Court of Karnataka has evolved “triple tests” for considering the plea of a couple to have a child through altruistic surrogacy. It has suggested them to “iron out the creases” in the Surrogacy (Regulation) Act, 2021, which prohibits men aged above 55 to have a child through surrogacy.
Also, the court said that the provision in the Act, which states that “surrogate mother should be genetically related” to the couple who wants to have a child through surrogacy “defeats both altruism and logic”.
Explained: The new laws relating to surrogacy and assisted reproduction, and related challenges