ART Act 2021: Surrogacy Realities.!

Sindujaa D N
In recent times, surrogacy has gained widespread popularity as a means for many couples to fulfill their dreams of parenthood. The increasing number of couples resorting to surrogacy has prompted key amendments in surrogacy rules. The central government has played a pivotal role in enabling couples facing medical challenges to use donor eggs or sperm, provided they obtain a certificate from the district Medical Officer confirming the medical impediment.

The supreme court has recently taken up significant matters related to surrogacy rules. During the hearings on petitions challenging various aspects of the Surrogacy Regulations - 2022 and ART Act - 2021, the court sought clarity on the legal standing of children born out of wedlock. Under the surrogacy rules, the emphasis has been on attempting to conceive through marriage before considering surrogacy. It has been affirmed that a child born out of wedlock is deemed legitimate.


Additional Solicitor General aishwarya Bhati, representing the Centre, questioned the petitioners' lawyers challenging the surrogacy rules about any alternative laws providing legitimacy to such children. aishwarya clarified that the concept of an illegitimate child has been abolished by a previous supreme court judgment. She further emphadata-sized that surrogacy often represents the last hope for childless couples. The latest amendments to surrogacy rules now permit couples facing medical hurdles in conceiving to utilize donor sperm and eggs, broadening the options available for those seeking to build their families through surrogacy.

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