India’s Surrogacy (Regulation) Act, 2021, which came into force on 25 January 2021, permits only altruistic surrogacy and prohibits commercial arrangements to prevent exploitation

Under Section 2(1)(s), only widowed or divorced women aged 35–45 are eligible to opt for surrogacy, excluding single or divorced men. Recently, a 45-year-old divorced man filed a petition in the Supreme Court, challenging this restriction as violative of Articles 14 (equality) and 21 (personal liberty). He contends that denying him the right is arbitrary gender‑based discrimination, since widowed/divorced women are allowed .

A Bench led by Justices B.V. Nagarathna and K.V. Viswanathan has agreed to hear the petition, signaling that constitutional scrutiny of this gender‑based exclusion is imminent

The outcome could be pivotal in re‑defining reproductive autonomy and equality in India..

Let me know if you’d like a breakdown of the Act’s other provisions, Supreme Court’s anticipated timeline, or their impact on reproductive rights in India.

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