Annotation

This article examines surrogacy as one of the most common forms of assisted reproductive technology (ART) in India, in the context of recent judicial decisions of the Supreme Court of India and other high courts. The aim of this study is to demonstrate the expanding influence of judicial interpretation on contentious issues regarding the use of ART, taking into account the constitutional intricacies of the Indian context regarding personal freedom, choice, privacy, and equality. It is noted that the Surrogacy Regulation Act, 2021, which aims to combat the commercialization of childbirth, simultaneously restricts access to ART based on eligibility criteria, which has been criticized on constitutional grounds and has led to judicial review and amendments. It is emphasized that in its recent decisions, the Supreme Court of India has challenged the constitutionality of restrictions on age, marital status, and the rights of single women, widows, and divorcees to access surrogacy. The author concludes that recent key decisions of the Supreme Court of India, the Bombay High Court, and state high courts in the area of surrogacy in India set new judicial precedents related to rare genetic diseases, biological characteristics, medical indications, and other specific circumstances, expanding access based on individual circumstances while ensuring the regulation of surrogacy and access to assisted reproductive technologies within a constitutional framework.