New Delhi: In its reply filed in the Supreme Court on Tuesday (May 9), the Central Government has opposed bringing couples living in live-in relationships as well as gay couples under the purview of the Surrogacy Act. Let us inform that, till now, single women can keep surrogacy only under 2 circumstances. 

In its reply filed in the apex court, it was said on behalf of the government that it would not be appropriate to bring such same-sex couples under the purview of the Surrogacy Act, as it would encourage misuse of this act. Along with this, the problem will remain in such cases also, because there will always be a situation of apprehension about the bright future of the child born from the surrogate womb. Let us tell you that the matter is being heard by a bench of Justice Bela M. Trivedi and Justice Ajay Rastogi.

In its reply to the Supreme Court, the Central Government has justified its decision to exclude single and unmarried women from the benefits of the Surrogacy Act. Presently surrogacy is allowed to a single woman only in 2 situations- First, either the woman is a widow and does not want to give birth to a child herself from the society or the woman is divorced and she is not ready to marry again. Yes, but you wish to have a child. However, in both these situations, there is a condition that the age of the woman should be more than 35 years.

The Central Government and ICMR have filed this affidavit in the Supreme Court in response to petitions challenging several provisions of the Surrogacy Act. Citing a parliamentary committee report in support of its reply, the Center has said that the Surrogacy Act recognizes only a legally recognized married man or woman as a parent. The Center says that since live-in couples or same-sex couples are not bound by any law, the future of the child born out of surrogacy in these cases will always be under question.

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