NEW DELHI: The Delhi High Court on Friday issued notice to the central government on a petition challenging the provisions of the Surrogacy Act and the Assisted Reproductive Technology (ART) Act. The High Court was hearing a petition which alleged that the laws were discriminatory against a single man desirous of being a father through surrogacy and a married woman who is desirous of expanding her family through the means of surrogacy.
The petition was filed by lawyer Karan Balraj Mehta and psychology teacher Pankuri Chandra. In their petition, they argued that the Surrogacy Act and the Assisted Reproductive Technology (ART) Act were discriminatory.
Currently, men and women with children are not allowed to have surrogacy. The petitioners have approached the court questioning this. The petitioners argued that the choice of reproduction has been held to be a part of the right to life under Article 21 of the Constitution.
A bench of Justices Vipin Sanghi and Sachin Datta sought an explanation from the Centre. The Centre has been asked to file its response within six weeks.
The case will be heard again on November 19.