The petitioner, a member of the transgender community, has filed a writ petition before the Supreme Court of India, challenging Sections 2(r) and 2(s) of the Surrogacy (Regulation) Act, 2021. Listed alongside connected matters, the petition contends that the Act prohibits single unmarried women and transgender people to opt for the surrogacy procedure. Claiming that the procedure could only be practiced by an “intending couple” or an “intending woman”, the Act stands violative of the fundamental rights under Article 14, 15, and 21 of the Constitution of India.
The petition argues that there is no reasonable justification to exclude a certain category of women from the surrogacy procedure, given that other statutory laws provide for single, unmarried women to become parents. Further, in the case of National Legal Services Authority (NALSA) v. Union of India, AIR 2014 SC 1863 it was held that exclusion of transgender people from legislations denies them an equal opportunity of the law. It also claims that such a law violates international law, like provisions of the CEDAW. Among these, the law also stands discriminatory as per the Transgender Persons Act, 2019. It stresses on the rights of all women and trans persons the Right to Reproductive Autonomy, Privacy, and a Healthy Family.
Notice was issued on July 08, 2024. The matter is now listed for November 04, 2025.