Surrogacy Act: Rajasthan high court seeks explanation over non-implementation
The double bench of acting chief justice MM Srivastava and justice Anil Upman issued the notices to the chief secretary and others.
JAIPUR: Rajasthan high court has sought an explanation from the state government over non-compliance with various provisions of The Surrogacy (Regulation) Act, 2021 despite the law’s enactment. The court sought an explanation for the state government’s failure to constitute a board and mandatory authority and appoint eligible members.
The double bench of acting chief justice MM Srivastava and justice Anil Upman issued the notices to the chief secretary, health secretary and principal secretary of social justice and empowerment.
A PIL had been filed by one Jyoti in this regard. Her lawyer, Shalini Sheoran told the court that the legislation regarding surrogacies had been enacted to check the commercial use of pregnancy.
“Despite its enactment, the law has not been implemented in Rajasthan. The state government has failed to make rules and constitute an authority under the legislation. The appointments of the members have also not been made,” said advocate Shalini.
In the act, only divorced and widowed individuals are permitted to have children with surrogacy. The petitioner argued that other individuals including bachelor, transgender and widowed men should also be permitted to have children with surrogacy.