Ministry Of Health: India's Surrogacy Law Curbs My Right To Choice, Bodily Autonomy

Ministry Of Health: India's Surrogacy Law Curbs My Right To Choice, Bodily Autonomy
Why this petition matters
I have always wanted to be a father, a desire I have honed earnestly for 6 years. Should being ‘single’ and ‘unmarried’ come in the way of my wish of becoming a parent? Six years ago, when I first thought about becoming a father, I chose to wait a bit longer knowing that surrogacy would always be an option. Little did I know that this option would soon be taken away from so many of us who wish to be single parents.
The Surrogacy (Regulation) Act, 2021, does not allow single men to opt for surrogacy. A married couple can opt for surrogacy only if they have no surviving child, and a medical indication, such as infertility amongst others. For the latter, they will have to testify before a national or state surrogacy board that will 'investigate' their case. This seriously infringes upon a married couple’s right to reproductive and bodily autonomy.
My co-petitioner, who has also challenged the Surrogacy Law in the Delhi High Court, elaborated on one of the many reasons why a married couple that has a child would want to opt for surrogacy.
Her first pregnancy came after a miscarriage, and brought a serious mental and physical toll on her. Her first-born is nine months old. She now wants to return to her practice as a clinical psychologist and doesn’t want to put off her career anymore. She asserts that couples who already have a child should also have the option of surrogacy.
When the Parliamentary Committee debated this Bill, issue experts ranging from doctors to lawyers to MPs such as Kirron Kher had expressed serious concerns about its many provisions barring single men and women from opting for surrogacy. It also infringes upon the reproductive rights of LGBTQIA++ community, married couples who already have children and unmarried couples.
It seems their concerns fell on deaf ears. It is a shame that very often, laws that are imprudent and ill thought out, take away a citizens right to choice.
Sign my petition asking for an amendment in the surrogacy law so that single men, women, and unmarried couples can also become parents. Our policymakers have been concerned about the connection between commercial surrogacy and the exploitation of poor women. These are valid concerns that must be addressed but blanket bans are regressive and not reflective of a progressive India.
Being a parent is a responsibility. It is also a human right.
Image credits: TheWire