• Tue. Nov 5th, 2024

    Supreme Court allows HCs to decide cases of surrogacy sought due to medical complications

    Supreme

    The Supreme Court stated that the presence of the writ petitions before it would not hinder the high court from reviewing them.

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    SC Interim Order on Surrogacy Petitions

    In an interim order issued in October, the Supreme Court has granted permission to high courts to address petitions related to surrogacy, specifically those citing medical complications not originally covered by the law. This decision comes despite the ongoing challenge to the surrogacy rules. The October order permitted surrogacy for situations where women faced difficulties in producing eggs due to certified medical abnormalities.

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    Supreme Court Assurance on Writ Petitions

    The Supreme Court affirmed that the ongoing writ petitions before it would not obstruct the high court from reviewing them. light of the interim orders issued by the SC.An amendment to the rules in March of last year prohibited couples from pursuing surrogacy using donor gametes, requiring that both the egg and sperm used must belong to the intending couples.

    The court began hearing on February 5 the main petition challenging the rules under the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act.

    Additional solicitor-general Aishwarya Bhati agreed with the Supreme Court that the high courts can be asked to proceed in accordance with the October 18 order if the applicants are similarly placed. 

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