Here's Why Delhi HC Said Surrogacy Shouldn't Be Encouraged In India

On Wednesday, December 13, 2023, the Delhi High Court remarked that surrogacy should not be encouraged in India. The reason that the court gave was that if surrogacy is encouraged, it will turn into an industry worth billions of dollars. The court relayed this while dealing with the case of an Indian couple residing in Canada who wanted to pursue surrogacy. 

A Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said, "Why should the court get into all this now? This industry (surrogacy) need not be encouraged here. You are based in Canada. You cannot run an industry here. This will become a billion-dollar industry. This is not a case where we should be asking the government to do anything."

Ban On Donor Surrogacy

The couple had filed a petition challenging the March 14 notification in which the Center amended the Surrogacy (Regulation) Act to ban donor surrogacy. The notification altered the Form 2 under Rule 7 of the Surrogacy Rules, 2022. The couple said that it got permission to perform donor surrogacy in December 2023. However, later in March 2023, the Centre banned it by amending the surrogacy rules of the country.

More About The Petition 

As per reports, the couple were married by Hindu rituals and ceremonies and are permanent residents of India. However, the couple is childless with a medical condition. Gestational surrogacy is the only way through which they can intend to be parents. 

In the plea, the couple said that they wanted to pursue surrogacy through oocyte donation. In this process, the embryo is transferred into the uterus of the surrogate. The embryo is created by the oocytes from the donor and the sperm of the husband. 

The court has listed the matter for further hearing on January 15, 2024 when other such cases will also be dealt with.  

HC's Earlier Stand On Including Single Women For Surrogacy Laws

Earlier in March, during the hearing of a case, the Delhi HC had remarked, "The complexity of the woman's situation is both deeply personal and universally resonant. At the core of this struggle lies a decision with profound implications – whether a single woman, like the petitioner, should be allowed to use donor gametes for surrogacy. It's a choice that transcends legal definitions and societal expectations, touching upon the very core of her identity and autonomy."

In India, the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, serve as the guiding principles in the domain of surrogacy. These laws provide guidelines and regulations to govern the surrogacy procedure, with an explicit ban on commercial surrogacy where surrogate mothers are compensated beyond essential medical expenses.