Delhi High Court emphasises curbing surrogacy exploitation
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New Delhi: During a hearing at the Delhi High Court, the court highlighted the intention behind laws regulating surrogacy, expressing concerns about the exploitation of surrogates and the risk of India becoming an "industry of renting a womb."
The discussion ensued during a plea challenging the government's ban on donor surrogacy.
The court underscored that the legislation intended to curb reproductive outsourcing, emphasising the need to protect surrogates from exploitation. It referred to India's economic status and its previous role in a billion-dollar surrogacy industry, emphasising that such practices should be discouraged.
The petitioner, an Indian couple residing in Canada, had raised concerns about the ban on donor surrogacy. However, the court questioned their decision to pursue surrogacy in India, suggesting they could undergo the procedure in Canada, where they reside.
The court stressed the importance of avoiding commercialisation in such procedures, encouraging the option of adoption as an alternative. It recognised the significance of adoption, highlighting the need to promote adoption as a viable solution in India.
The discussion touched upon the social and ethical dimensions of surrogacy, mentioning the intent behind legislative restrictions and rejecting claims of it violating fundamental rights. Additionally, the court noted the premature nature of the plea as the surrogacy process for the couple had not yet commenced.
The petitioners withdrew their plea as the bench showed reluctance to entertain it, reserving the liberty to refile if necessary. The couple, Indian nationals with medical reasons for pursuing gestational surrogacy, faced the ban on donor surrogacy that affected their plans for parenthood.
