'Get married or adopt a child, no need to follow Western way'; SC denies permission to unmarried woman to become mother through surrogacy

NEW DELHI: The Supreme Court on Monday said that the Western way of having children outside of marriage is not acceptable and that the system of marriage must be protected in the country. The apex court said this while hearing the plea submitted by a 44-year-old unmarried woman seeking permission to become a mother through surrogacy.

The woman submitted the plea through advocate Shyamlal. The 44-year-old filed the petition challenging Section 2(S) of the Surrogacy Act. Indian law allows surrogacy for a divorced or widowed woman between the ages of 35 and 45. The law does not allow unmarried women to become mothers through surrogacy.

A bench comprising justices BV Nagarathna and Augustine George Masih stated that the petitioner's demand cannot be accepted under Indian law. The court pointed out that it is not legal for an unmarried woman to give birth to a child outside of marriage.

"It is a norm here to become a mother within the institution of marriage. Being a mother outside the institution of marriage is not the norm. We are concerned about it. We are speaking from the point of view of (the) child’s welfare. Should the institution of marriage survive or not in the country? We are not like Western countries. The institution of marriage has to be protected. You can call us and tag us conservative, and we accept it,” the court observed.

The court said that the petitioner could look for other ways to become a mother. The court suggested that she can get married or adopt a child. However, the counsel argued that the petitioner did not want to get married and the adoption would face a lot of delays. The court observed that it would be difficult for the 44-year-old woman to take care of a surrogate child singlehandedly.

In her petition, the woman argued that the pregnancy law in the country was discriminatory and unreasonable. The woman pointed out that this not only prevents fundamental rights but also violates the basic human rights and reproductive rights of a person who wants to start a family. The court will hear the case on another day.