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The Court said that the government notification does not disclose any rational justification for discriminating between citizens based on their ability to produce gametes.

The Surrogacy Act excludes couples facing secondary infertility from availing the benefits of surrogacy.

The Court reasoned that the legal rights of the petitioners to achieve parenthood through surrogacy would be prejudice if their relief is rejected.

The Court orally observed that the age limit has been prescribed based on scientific advice and that it was not inclined to sit in judgment over it.

The top court issued notice in a plea challenging the constitutionality of Section 2(1)(s) of the Surrogacy (Regulation) Act, 2021, which excludes unmarried women from becoming surrogate mothers.

Acting Chief Justice Manmohan said that changes in the surrogacy law have been brought at the instance of courts.

The petition has been filed by Supreme Court lawyer Neeha Nagpal who stated that women should be allowed to have a child without being married.

The plea was moved by a married couple who faced infertility issues, making it difficult for them to go through with surrogacy without the use of donor gametes (reproductive cells).

A bench of Justices BV Nagarathna and Ujjal Bhuyan made the observation while granting relief to a woman suffering from an ailment that meant she could not produce her own eggs or oocytes.

A 44-year-old woman has approached the High Court challenging various provisions of the Surrogacy (Regulation) Act as well as Surrogacy Rules.

The couple stated that the amendment would bar almost 95% of intending couples from availing surrogacy.

A couple has approached the High Court stating that the amendment is contrary to the Surrogacy Act and creates discrimination between similarly situated persons.