Source: Indian Express

Introduction

Recent events have brought to light the systemic hurdles faced by single women, particularly regarding surrogacy and reproductive treatments. The Surrogacy (Regulation) Act, 2021, along with other legislative provisions, disproportionately favors married couples or widowed/divorced women, effectively sidelining single, never-married women from accessing surrogacy as a means of having children.

What is Surrogacy?

• Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent/s).
  • A surrogate, sometimes also called a gestational carrier, is a woman who conceives, carries and gives birth to a child for another person or couple (intended parent/s).
• Surrogacy, which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy is often referred to as Altruistic surrogacy.
  • Surrogacy which is undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expense is called commercial surrogacy.

What is the Role of the Surrogacy (Regulation) Act, 2021?

• The Surrogacy (Regulation) Act, 2021, restricts surrogacy to married couples or women aged 35 to 45 who are widowed or divorced, blatantly excluding single, never-married women.
• This exclusionary provision underlines the deep-rooted biases within the legal framework, perpetuating negative stereotypes against single women and limiting their reproductive choices.

What are the Discriminations with respect to Reproductive Rights?

• Problem:
  • The discriminatory practices embedded in laws and regulations extend beyond surrogacy to encompass broader reproductive rights.
  • The Medical Termination of Pregnancy Act, 1971 (MTP Act) despite recent amendments, fails to address the single status of women, creating barriers to safe abortions.
  • Single women seeking termination of pregnancies often encounter hurdles, highlighting the urgent need for legal reforms to uphold their reproductive autonomy.
• Steps Towards Resolution:
  • In 2021, the Indian government took a significant step by introducing amendments to the MTP Act.
  • The proposed amendments sought to increase the gestational limit for abortion from 20 to 24 weeks, providing women with more flexibility in making reproductive choices.
  • It provided benefits of the statute to all women, including single and unmarried women.
  • Along with the Amendment Act, the Central government also notified MTP, (Amendment) Rules, 2021.

What is the Role of Fatherhood?

• Traditional notions surrounding fatherhood and family structure further compound the challenges faced by single women in accessing reproductive technologies.
  • The insistence on the presence of a father disregards the evolving landscape of family dynamics and fails to acknowledge the diverse forms of supportive parenting available to children.

Conclusion

In confronting the entrenched biases and discriminatory practices within the legal system, advocating for the reproductive rights of single women emerges as a pressing imperative. By challenging traditional notions and embracing inclusivity, the law can pave the way for a more equitable society, where every individual has the autonomy to make informed choices about their reproductive health and future.