Bombay High Court Deliberates: Surrogacy's Complex Implications for Divorced Woman

The Bombay High Court denied a 36-year-old divorcee's request for surrogacy, citing concerns about the commercialization of surrogacy and implications for child rights. The court suggested the case raises broader legal questions about surrogacy for single, unmarried women and redirected the matter to the Supreme Court.

The Bombay High Court, on Monday, expressed concern over the potential commercialization of surrogacy when deliberating a case involving a 36-year-old divorced woman seeking to undergo the procedure. The court emphasized that allowing her request could have far-reaching repercussions and insisted on considering the rights of the child to be born.

Justices G S Kulkarni and Advait Sethna, who presided over the hearing, suggested that the petitioner, who has two children under her ex-husband's custody, should seek intervention from the Supreme Court. This suggestion arose from ongoing discussions about the definition of 'intending woman' under the Surrogacy Act, which currently excludes women with surviving children.

The court highlighted that, while the woman's case could be genuine, it involves broader societal implications surrounding surrogacy rights for single, unmarried women. Without immediate resolution, the bench adjourned the matter indefinitely, underscoring the complexity and potential user exploitation of surrogacy laws.

(With inputs from agencies.)