What does the latest petition before the Supreme Court mean for surrogacy in India?
Prof Prabha Kotiswaran explains to us the recent petitions at the Supreme Court over provisions of the Surrogacy Act, 2021, why certain provisions were included in the Act and if they work, and whether the Act has been successful in ending commercial surrogacy.
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Show Notes
Surrogacy, is back in the news. Earlier this month, the Supreme Court agreed to look into the Surrogacy Act, following a petition from a couple facing secondary infertility. At present, the Act does not allow for couples who already have a biological child to use surrogacy unless certain criteria are met, and the court will have to examine if this amounts to a restriction on the reproductive choices of citizens. A little over a month ago, there was another case before the court involving surrogacy: at that point, the Court had ruled that couples who began their surrogacy process before the enactment of the Surrogacy Act could proceed even if they were over the age limit set by the law.
How is the Supreme Court going to examine the recent petition? Are the restrictions in the Surrogacy Act sufficient to weed out exploitative surrogacy? How well implemented has the Act been over nearly four years? And do surrogates and egg donors need more protection than the Act provides?
Guest: Prof. Prabha Kotiswaran, Professor of Law and Social Justice at King’s College, London
Host: Zubeda Hamid
Edited by Jude Francis Weston
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