'Need to protect institution of marriage': Court rejects woman's plea for surrogacy

The Supreme Court denied a 44-year-old single woman's surrogacy plea, citing the importance of preserving marriage in India and rejecting Western norms of children born out of wedlock.

The Supreme Court on Tuesday refused the plea of a 44-year-old unmarried woman to become a mother through surrogacy, saying that the institution of marriage must be protected and preserved in the country, and it cannot follow the model of Western countries where children are born outside of marriage.

A bench of Justices BV Nagarthana and Augustine George Masih stated that a single woman bearing a child outside marriage was the exception rather than the rule in Indian society.

According to the Surrogacy Regulation Act, only those women who are widowed or divorced and between the ages of 35 and 45 years can avail the surrogacy route. This means that a single unmarried woman is not allowed to become a mother through surrogacy.

"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 a 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 top court observed while hearing the woman's plea.

The petitioner works for a multinational corporation and had approached the top Court to challenge the validity of Section 2(s) of the Surrogacy (Regulation) Act.

"It is difficult to rear and bring up a surrogate child at the advanced age of 44. You cannot have everything in life. Your client preferred to remain single. We are also concerned about society and the institution of marriage," the bench said.

We are not like the West where many children do not know about their mothers and fathers. We do not want children roaming here without knowing about their fathers and mothers," the bench further said.

"Science has well advanced but not the social norms, and that is for some good reason," the top court said, adding that it would hear her petition, as well as other pending petitions challenging other provisions of the Act.

The Supreme Court suggested the woman opt for adoption. However, this suggestion was declined by her counsel, stating that the waiting period was too long.