High Court Debate: Surrogacy Rights and Potential Commercialization

The Bombay High Court expressed concerns about potential commercialization in a case involving a 36-year-old divorced woman seeking surrogacy. The court emphasized considering the child's rights alongside the woman's wishes and suggested the issue may need Supreme Court intervention to address broader implications.

The Bombay High Court on Monday expressed apprehension over the broader implications of permitting a 36-year-old divorced woman with existing children to pursue surrogacy. The court feared that such a move might unintentionally lead to the commercialization of surrogacy.

Justices G S Kulkarni and Advait Sethna stressed the importance of considering the rights and well-being of the child that would be born through surrogacy, not just the desires of the petitioner. The court was reviewing the petition of a woman who, unable to naturally conceive due to a prior medical procedure, sought permission to undergo surrogacy.

The high court acknowledged the sincerity of the case but highlighted that it involves greater issues with potential long-term effects. The court deferred the matter indefinitely, allowing for possible further examination by the Supreme Court to address unresolved definitions within surrogacy legislation.

(With inputs from agencies.)