New Delhi (BW): The Delhi High Court on Wednesday issued notice to the Centre and Delhi Government on a plea moved by a married couple challenging Section of 4 (iii) (c) (1) of Surrogacy Regulation Act 2021 which restrict an intending mother upto a certain age limit.
The plea claims that Section 4 (iii) (c) (1) of the Surrogacy Regulation Act 2021 is in violation of Article 16 and Article 21 of the Constitution of India including the right of procreation as the Act restricts the procreation right for an intending mother upto a certain age limit in violation of the fundamental right given under the Constitution of India.
The petitioner couple further challenged the orders passed by the state-level medical board dated March 28, 2023 which was communicated to/received by the petitioners on May 3, 2023 whereby the application for issuance of a certificate for medical indication was rejected without a reasoned order as such the rejection of the application does amounts to violation of fundamental rights of the petitioners, the plea said.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora on Wednesday while issuing notice to the respondent’s authorities observed that the age limit in the Surrogacy Act has been prescribed on some scientific basis.
The appeal against the impugned order dated March 28, 2023, is still pending adjudication before the appellate authority, stated the plea.
Plea claims that the petitioners are a married couple and married for the last 19 years but have had no child out of their own from wedlock and have been deprived of the love and affection of having a child.
After all the attempts of the petitioners went in vain, they decided to undergo IVF treatment as per the advice of their doctors from where the petitioners were undergoing treatment and as per the advice of the doctors decided to avail treatment from one of the most recognized IVF centres.
The doctors at the IVF center after attempting several times failed and later suggested the petitioners to proceed with surrogacy after fulfilling the legal formalities, stated the plea.
According to the plea, the rejection of the application for issuance of a certificate for medical indication of surrogacy vide impugned is against the principles of natural justice as no opportunity was given to the petitioners to appear.
Delaying in deciding the appeal of the petitioners by the appellate authority, Surrogacy Regulation Act 2021 is also in violation of the fundamental rights of the petitioners as the delay in deciding the appeal will render the petitioner’s husband incapable of procreation and being a father under the process of Surrogacy as he will cross the maximum age limit as prescribed under the Act, plea read.
