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SC Asks Petitioner To Approach Centre Over Provision For Single Parent Surrogacy

Hope for single parents?
Mansi Thapliyal / Reuters

The Supreme Court heard a petition on Tuesday raising the issue of single parents going for surrogacy, with the court asking the petitioner to approach the Centre on the issue.

A Supreme Court bench Justices Ranjan Gogoi and N.V. Ramana in an order allowed the petitioner to make a representation to the Parliamentary Standing Committee, that is examining the Surrogacy (Regulation) 2016, for a provision on surrogacy by single parents.

In the current form, the bill allows only legally married infertile couples to opt for surrogacy.

Senior advocate Shekhar Napahade, appearing on behalf of a petitioner, raised the issue in the Supreme Court.

The court said, "Shri Naphade is permitted to draw the attention of the concerned authority to the said effect for its consideration by means of a representation which will be handed over to the office of the learned Solicitor General of India for necessary action."

The Hindu reports that Naphade also suggested that a register be maintained for children born out of surrogacy.

The issue assumes significance as Bollywood film maker Karan Johar recently announced that he has become a father of twins through surrogacy.

The bill proposed that couples going for surrogacy need to be married for at least five years. It also prohibits 'altruistic surrogacy' which means a couple opting for surrogacy cannot pay the surrogate mother. They can only pay her medical bills.

It says that one couple can have a child through surrogacy only once. Couples who already have children cannot opt for surrogacy.

The plea seeking a clause for single parents could mean good news, because it may open a window for them to also legally have children through surrogacy.

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This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.