• UGI USER
  • Dec 06, 2023
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CHALLENGING SOCIETAL NORMS

Why in the News ?

  • The Supreme Court raised questions about the societal acceptance of single, unmarried women opting for surrogacy, deeming it an exception rather than a norm.
Source: QuotesGram

The issue:

  • A 38-year-old single woman filed a petition to become a mother through surrogacy, emphasizing her right to parenthood despite being unmarried.
  • She highlighted health risks due to diabetes and sought protection under the Surrogacy (Regulation) Act, 2021, to safeguard her reproductive rights.
  • She argued that limiting this right based on marital status is discriminatory, emphasizing every woman’s right, even if unmarried, to choose motherhood.

The Surrogacy (Regulation) Act, 2021:

  • The Surrogacy (Regulation) Act, 2021 outlines provisions for surrogacy in India.
  • It permits surrogacy for widows, divorcees (ages 35-45), and legally married couples facing medical conditions.
  • Only altruistic surrogacy is allowed, prohibiting commercial surrogacy with strict penalties, including a 10-year jail term and a fine of up to Rs 10 lakhs.
  • The intended couple must meet specific age criteria and should not have any previous biological, adopted, or surrogate child.

Challenging Patriarchal Stigma:

  • The petitioner’s side argued against the exclusion of unmarried women, asserting that it perpetuates a “patriarchal stigma” and goes beyond recognizing the potential of divorcees and widows.