Today, April 22, 2025, the Bombay High Court has referred the case of a 36-year-old divorced woman seeking surrogacy to the Supreme Court for further examination. The woman, who underwent a hysterectomy in 2012 and has two children currently in her ex-husband’s custody, wishes to become a mother again using her own eggs and a surrogate. Her application was rejected by the civil surgeon, citing that she does not meet the definition of an “intending woman” under the Surrogacy (Regulation) Act, 2021. The Act permits surrogacy for a widow or divorcee only if she has no surviving child or if her surviving child suffers from a life-threatening condition .
The High Court expressed concerns about the potential wider repercussions of granting her plea, including the commercialization of surrogacy and the rights of the child born. The bench noted that the Supreme Court is already seized of matters related to the definition of “intending woman” and whether a single unmarried woman falls under this purview .
The Supreme Court has previously addressed similar issues. In February 2024, it denied a 44-year-old single woman’s surrogacy plea, emphasizing the importance of preserving marriage in India and rejecting Western norms of children born out of wedlock .
The outcome of this case could have significant implications for the interpretation of surrogacy laws in India, particularly concerning the rights of divorced and single women.
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